Marks v. Halligan
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed, statement of facts, pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Hatch, J.:
Plaintiff and defendant entered into a written contract for the sale and purchase of certain real estate on One Hundred and Twenty-fifth street in the city of New York, and plaintiff, the vendee, paid upon the contract $500 and has incurred an expense of $215 in the examination of the title, which expenditure is admitted to be reasonable.
At the time and place agreed upon by the parties for the closing of the contract and passing of title the defendant tendered to the plaintiff a deed of the premises, executed in the form and manner, provided in the contract, but the plaintiff…
2Cases cited9 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Roe v. . VingutNew York Court of Appeals · 1889
- Stevenson v. . LesleyNew York Court of Appeals · 1877
- Van Kleeck v. Dutch ChurchNew York Supreme Court · 1838
- In Re the Final Judicial Settlement of the Accounts of Executors of the Last Will & Testament of McClureNew York Court of Appeals · 1892
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3Cited by3 opinions
- Catt v. CattAppellate Division of the Supreme Court of the State of New York · 1907
- In re the Judicial Settlement of the Account of ShulskyNew York Surrogate's Court · 1923
- Schein v. Erasmus Realty Co.Appellate Division of the Supreme Court of the State of New York · 1920