Legal Opinion

Ungrich v. Shaff

Appellate Division of the Supreme Court of the State of New York

Decided June 7, 1907PublishedCited by 18 opinions

■ Appeal by fhe plaintiffs, Margaret E. Ungrich and another, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the .county of New York on the 9th day of July, 1906, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits, and adjudging the' defendants to he entitled to recover.the amount of their counterclaim.

1Opinion of the Court

McLaughlin, J.:

This action was brought to compel specmc performance of a contract for the sale of certain unimproved premises situated at the northwest corner of Amsterdam avenue and One Hundred and 'Seventy-third' street in the city of New York. The contract describes the lot as thirty-five feet on the' street and on.e hundred feet on the avenue. It does not contain the customary words “ more or less ” after giving the dimensions. The defendants ■refused to take the title on the ground that the plain tiffs-were not in possession of- the property contracted to be conveyed, in that the walls…

2Cases cited4 opinions

  1. Riggs v. . PursellNew York Court of Appeals · 1876
  2. Occidental Realty Co. v. PalmerAppellate Division of the Supreme Court of the State of New York · 1907
  3. Merges v. RinglerAppellate Division of the Supreme Court of the State of New York · 1898
  4. Merges v. . RinglerNew York Court of Appeals · 1899

3Cited by18 opinions

  1. Turner v. CoppolaNew York Supreme Court · 1980
  2. Bulkley v. Rouken Glen, Inc.Appellate Division of the Supreme Court of the State of New York · 1928
  3. Cave v. HenleySupreme Court of Kansas · 1928
  4. Gerstell v. ShirkCourt of Appeals for the Seventh Circuit · 1913
  5. Rich v. IsbeyMichigan Supreme Court · 1939

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