Driscoll v. Carroll
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James G. Carroll, as trustee, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Kings on the 25th day of February, 1907, upon the decision of the court rendered after a trial at the Kings County Special Term.
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Appeal by the defendant, James G. Carroll, as trustee, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Kings on the 25th day of February, 1907, upon the decision of the court rendered after a trial at the Kings County Special Term. This is a suit by the purchaser against the seller for the specific performance of a contract of sale of a. city lot and house, provided a-deduction be first made from the purchase money for an alleged encumbrance on the title, or else for the recovery of a judgment for the amount of deposit…
1Opinion of the Court
Gaynor, J.:
The learned court below decided, on an examination and comparison of the decisions on that subject (Cole v. Hughes, 54 N. Y. 444; Scott v. McMillan, 76 id. 141; Hart v. Lyon, 90 id. 663 ; Mott v. Oppenheimer, 135 id. 312; O'Neil v. Van Tassel, 137 id. 297; Sebald v. Mulholland, 155 id. 455 ; Corn v. Bass, 43 App. Div. 53; Oppenheimer v. Knepper Realty Co., 50 Misc. Rep. 186), that the party wall agreement ran with the land and- was therefore *266an encumbrance on it. From this the conclusion of law was drawn that the plaintiff was not obliged, to take the title. But.this conclusion…
2Cases cited4 opinions
- Cole v. . HughesNew York Court of Appeals · 1873
- Hendricks v. . StarkNew York Court of Appeals · 1867
- Oppenheimer v. Knepper Realty Co.Appellate Terms of the Supreme Court of New York · 1906
- Corn v. BassAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Driscoll v. CarrollAppellate Division of the Supreme Court of the State of New York · 1911
- Driscoll v. HealyAppellate Division of the Supreme Court of the State of New York · 1911