Haberman v. . Baker
New York Court of Appeals
Appeal from judgment of the General Term of the Superior 'Court of the city of Dew York entered upon an order made February 12, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This was an action to compel the specific performance by defendant of a contract for the sale of real property. The facts appear in the opinion. Samuel Stillwell never conveyed the land in what was known as Stillwell’s road.
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Appeal from judgment of the General Term of the Superior 'Court of the city of Dew York entered upon an order made February 12, 1891, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This was an action to compel the specific performance by defendant of a contract for the sale of real property. The facts appear in the opinion. Samuel Stillwell never conveyed the land in what was known as Stillwell’s road. The fee of the land is still in his heirs, subject, perhaps, to a right of way over the road. (Hussner v. B. C. R. R. Co., 96 N.…
1Opinion of the CourtGray, J.
In this action, which was brought to compel the defendant to perform his part of an agreement with plaintiff and to complete his purchase of the plaintiff’s land, various objections to the plaintiff’s title were raised and have been more or less discussed. If any of them are substantial, the defend ant should not, of course, be compelled to accept the title tendered by plaintiff. Whether equity will enforce the specific performance of such contracts is a matter resting, it is true, in discretion; but it is a discretion which proceeds in its exercise upon settled rules and not arbitrarily.…
2Cases cited8 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Mott v. . MottNew York Court of Appeals · 1877
- Dunham v. . WilliamsNew York Court of Appeals · 1867
- Taylor v. ArmstrongSupreme Court of Arkansas · 1863
- Lockman v. . ReillyNew York Court of Appeals · 1884
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3Cited by52 opinions
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- Evangelical Lutheran Church of Ascension v. SahlemNew York Court of Appeals · 1930
- Mertz v. Guaranty Trust Co.New York Court of Appeals · 1928
- Gifford v. HortonWashington Supreme Court · 1909
- Johnson v. . GrenellNew York Court of Appeals · 1907
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