Gibert v. Peteler
New York Supreme Court
THIS action was brought to recover possession of a block of ground at Hew Brighton, Bichmond county, and certain articles of furniture which the plaintiff, on the 3d day of March, 1858, contracted to sell and convey to the defendant Peteler, for the sum of $57,500. The contract provided for the execution and delivery of a deed, conveying a good and sufficient title to the premises, with general warranty and full covenants, on the first day of May, 1860, when the first…
Read the full summary
THIS action was brought to recover possession of a block of ground at Hew Brighton, Bichmond county, and certain articles of furniture which the plaintiff, on the 3d day of March, 1858, contracted to sell and convey to the defendant Peteler, for the sum of $57,500. The contract provided for the execution and delivery of a deed, conveying a good and sufficient title to the premises, with general warranty and full covenants, on the first day of May, 1860, when the first installment of $7500 of principal was to be paid, and the balance was to be secured by bond and mortgage on the premises,…
1Opinion of the Court
By the Court, Emott, J.
The premises to which this controversy relates consist of two parcels; one, the westerly portion, designated in the report of the referees the Hotel ’ *511plat; the other, or easterly part, designated the Bartlett plat. There is no question of the ■ ability of the plaintiff to convey a good title to the former of these. The two parcels were contracted to be sold together, however, and as one piece of land. They are not distinguished in the contract, but Gibert agrees to sell and convey to Peteler, lands in New Brighton lying between certain streets, and including all these…
2Cases cited4 opinions
- King's Heirs and Others v. Thompson and WifeSupreme Court of the United States · 1835
- Barrow v. RichardNew York Court of Chancery · 1840
- Brouwer v. JonesNew York Supreme Court · 1856
- Norton v. NortonThe Superior Court of New York City · 1848
3Cited by14 opinions
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Hays v. St. Paul Methodist Episcopal ChurchIllinois Supreme Court · 1902
- Anderson v. RowlandCourt of Appeals of Texas · 1898
- Gaines v. SummersSupreme Court of Arkansas · 1887
- Frye v. PartridgeIllinois Supreme Court · 1876
9 more not listed; retrieve them via the Exa API.