Schult v. . Moll
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made June 23,1890, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This was an action to recover back moneys paid by plaintiff under a contract for the purchase by him of defendant of certain real estate on the ground of defect of title.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made June 23,1890, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This was an action to recover back moneys paid by plaintiff under a contract for the purchase by him of defendant of certain real estate on the ground of defect of title. The judgment denied the relief sought and directed specific performance on the part of plaintiff. The facts, so far as material, are stated in the opinion. It is not the province of the court to…
1Opinion of the CourtParker, J.
The complaint averred the making of a contract for the purchase and safe of lands; the payment of $500 on account of the purchase-price by the plaintiff; the failure of the defendant, the other party to the contract, to perform, •and demanded judgment for the installment paid, and the expense incurred in making a search.
The answer admitted the making of the contract; denied performance on plaintiff’s part; alleged ability to perform and a proffer of performance on the part of the defendant and demanded judgment; that the contract be specifically performed.
John Hablawitz was formerly the owner…
2Cases cited3 opinions
- Vernon v. . VernonNew York Court of Appeals · 1873
- Byrnes v. . BaerNew York Court of Appeals · 1881
- Provoost v. . CalyerNew York Court of Appeals · 1875
3Cited by44 opinions
- In Re the Estate of HayesNew York Court of Appeals · 1934
- In re the Estate of DammannNew York Court of Appeals · 1963
- Matter of BieleyNew York Court of Appeals · 1998
- Johnson v. . BrasingtonNew York Court of Appeals · 1898
- Hadcox v. . CodyNew York Court of Appeals · 1915
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