Legal Opinion
Bannin v. Peck
Appellate Division of the Supreme Court of the State of New York
Decided May 21, 1943PublishedCited by 5 opinions
1Opinion of the CourtDore, J.
This is a submission of controversy under sections 546-548 of the Civil Practice Act.
On August 26, 1942, plaintiff, as seller, and defendant, as purchaser, made a written agreement for the sale of a parcel of land known as 216 West 104th Street, New York, N. Y. The seller agreed to convey to the purchaser a fee simple of the premises free of all encumbrances except as stated in the contract. The contract provided that it was subject to an easement conveyed to the city of New York but that exception is not presented in this controversy.
On November 30, 1942, the seller tendered a deed but the…
2Cases cited5 opinions
- Mott v. . RichtmyerNew York Court of Appeals · 1874
- Bates v. ViroletAppellate Division of the Supreme Court of the State of New York · 1898
- Clapp v. ByrnesAppellate Division of the Supreme Court of the State of New York · 1896
- Clapp v. . ByrnesNew York Court of Appeals · 1898
- Harriot v. HarriotAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by5 opinions
- Tazian v. ClineIndiana Supreme Court · 1997
- Basile v. RoseAppellate Division of the Supreme Court of the State of New York · 2015
- Basile v. RoseAppellate Division of the Supreme Court of the State of New York · 2015
- SHERMAN v. United StatesUnited States Court of Federal Claims · 2026
- Zohrab & Naomi Tazian v. Alice ClineIndiana Supreme Court · 1998