Flanagan v. Fox
New York Court of Common Pleas
Appeal from city court, general term. Action by James Flanagan, as executor of the estate of Catherine Flanagan, deceased, against Patrick Fox, on a contract for the purchase by deceased of certain real estate to recover the amount paid on account of the purchase money, with damages for defendant’s failure to perform the contract on his part.
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Appeal from city court, general term. Action by James Flanagan, as executor of the estate of Catherine Flanagan, deceased, against Patrick Fox, on a contract for the purchase by deceased of certain real estate to recover the amount paid on account of the purchase money, with damages for defendant’s failure to perform the contract on his part. From a judgment of the general term of the city court of New York (25 N. Y. Supp. 514) affirming a judgment dismissing the complaint, plaintiff appeals.
1Opinion of the CourtBischoff, J.
Plaintiff’s testatrix entered into a contract with defendant for the purchase by her of certain lands on Bradhurst avenue in the city of New York. This contract, among other things, provided that “the vendor shall give and the vendee shall accept a title such as the Title Guarantee and Trust Company will approve.” At the time appointed for the delivery of the deed of conveyance in exchange for the payment of the balance of the purchase money the title company refused to approve the title, and the vendee thereupon declined to accept it, and to pay the purchase money. On the trial of this…
2Cases cited2 opinions
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Flanagan v. FoxCity of New York Municipal Court · 1893
3Cited by29 opinions
- Laba v. CareyNew York Court of Appeals · 1971
- Schlesinger v. BurlandNew York Supreme Court · 1903
- Campbell v. HartCourt of Appeals of Texas · 1953
- City of Amarillo v. W. L. Slayton Co.Court of Appeals of Texas · 1919
- Kopp v. BarnesAppellate Division of the Supreme Court of the State of New York · 1960
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