Legal Opinion

Sternberger v. McGovern

New York Court of Common Pleas

Decided April 15, 1873Published

Appeal by defendant from a judgment entered on the decision of a judge at special term. The facts are as follows: The plaintiffs being the owners of certain real estate in Thompson street, New York city? entered into a written agreement, March 16th, 1872, with the defendant for the sale of said premises to him for the sum of $125,000, payable as follows : $20,000 thereof by defendant’s assuming mortgages to that amount as existing liens thereon; $64,500, by a deed from the…

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Appeal by defendant from a judgment entered on the decision of a judge at special term. The facts are as follows: The plaintiffs being the owners of certain real estate in Thompson street, New York city? entered into a written agreement, March 16th, 1872, with the defendant for the sale of said premises to him for the sum of $125,000, payable as follows : $20,000 thereof by defendant’s assuming mortgages to that amount as existing liens thereon; $64,500, by a deed from the defendant and wife to the plaintiffs for a piece of land at Mott Haven (thereinafter in said agreement more particularly…

1Opinion of the Court

By the Court.*—Larremore, J.

—It is material in the decision of this case that the true construction of the contract between the parties should first be determined. > It should be interpreted in that sense in which the parties understood it at the time of its execution (Barlow v. Scott, 24 N. Y. 40, and cases there cited).

Did the parties then intend to make an exchange of their respective pieces of land, or was the sale of each an independent transaction ?

If there had been no reference in the terms of sale of the one to the other piece of property, there would be little doubt that each sale…

2Cases cited11 opinions

  1. Fish v. HowlandNew York Court of Chancery · 1828
  2. Barlow v. . ScottNew York Court of Appeals · 1861
  3. Clark v. HallNew York Court of Chancery · 1839
  4. Bradley v. BosleyNew York Court of Chancery · 1845
  5. Pinney v. GleasonCourt for the Trial of Impeachments and Correction of Errors · 1830

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