Steiner v. Fourth Presbyterian Church
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Fourth Presbyterian Church, Thirty-fourth street, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York oil the 16th day of November, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 10th day of December. 1896, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, the Fourth Presbyterian Church, Thirty-fourth street, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York oil the 16th day of November, 1896, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 10th day of December. 1896, denying the defendant’s motion for a new trial made upon the minutes. A contract was entered into between the parties by which the . church agreed to convey to Steiner certain premises on Thirty-fourth street in consideration of the sum of…
1Opinion of the Court
O’Brien, J.:. The abstract propositions of law for which the appellant contends, and most of which were charged by the court, are' unexceptionable, •namely, that the title of the premises having proved defective, the plaintiff had the right, on the 12th of October, 1894, to refuse to • carry out the contract and to receive from the defendant the amount of his advances with interest, and that on that daté the question *503whether the sale should be concluded or not depended upon the subsequent agreement of the parties; that the defendant could not compel the plaintiff to take the title to the…
2Cases cited1 opinion
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