Vought v. . Williams
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 4, 188J, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was for the specific-performance of a contract to purchase real estate.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made October 4, 188J, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The action was for the specific-performance of a contract to purchase real estate. In March, 1853, Giles B. Richardson died intestate, seized of the property in. question, leaving surviving him his widow Mary P. Richardson, and two sons, William H. and Giles B., Jr. Giles B., Jr., was born on May 16, 1840, and lived with his mother at Pittsford,…
1Opinion of the CourtBrown, J.
The provision that the title was to be passed upon by the defendant’s lawyer or conveyancer did not make-the decision of the conveyancer that the title was good, a condition precedent to the right of the plaintiff to enforce the performance of the contract.
If a decision to that effect was refused unreasonably, the failure to obtain it would not defeat a recovery, and it would have been unreasonably refused if, in fact, beyond all dispute-the title was good. (Folliard v. Wallace, 2 Johns. 395 ; Thomas v. Fleury, 26 N. Y. 26; City of Brooklyn v. B. C. R. R. Co., 47 N. Y. 475 ; B. N. Bank v.…
2Cases cited9 opinions
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Burwell v. . JacksonNew York Court of Appeals · 1854
- Culver v. . RhodesNew York Court of Appeals · 1882
- Doll v. . NobleNew York Court of Appeals · 1889
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3Cited by101 opinions
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- Heller v. . CohenNew York Court of Appeals · 1897
- Regan v. LanzeNew York Court of Appeals · 1976
- Irving v. . CampbellNew York Court of Appeals · 1890
- Cowdery v. GreenleeSupreme Court of Georgia · 1906
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