The Superior Court of New York City August 15, 1862 (Delafield v. Holbrook)

lead-opinion

Robertson, Justice.

In the recent case decided at a general term of this court, (Howard agt. Holbrook, 23 How. Pr. R., 64,) I had occasion to consider a precisely similar agreement as that now before the court, and to say that the plaintiff had his option between the contract of guaranty and that of sale ; assuming that there could be no controversy that there were two such contracts