New York Court of Appeals

Henrietta Simon, Respondent v. Julius Etgen, as Executors of William H. Burgess, Deceased, Appellants

January 19, 1915213 N.Y. 589

Summary

The Court affirmed the judgment, holding that the Appellate Division’s affirmance was effectively unanimous, that the contract implied a duty to sell the property within a reasonable time and that the executors breached that duty, that the executor’s affidavit was admissible evidence, and that the jury’s award of interest from the breach date was proper.