Gotthelf v. . Stranahan
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made May 27, 1892, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This was an action for the specific performance of a com tract for the sale of certain real estate in the city of Brooklyn, and was brought by plaintiff as assignee of the original vendee. The facts, so far as material, are stated in the opinion.
1Opinion of the Court
Andrews, Gh. J.
The original contract, made on the 7th day of January, 1891, was by its terms to be completed by a conveyance and payment of the unpaid purchase money on the 9th day of February in the same year. The vendee was to pay for the property the sum of $22,500 as follows : $2,000 on the execution of the contract, $4,750 on the execution of the deed, and the balance of $15,750 in five years, with interest, to be secured by mortgage on the land. The vendor was to convey the land by warranty deed in fee simple, free from all incumbrance. The vendee, on the execution of the contract, paid…
2Cases cited1 opinion
- Willard v. TayloeSupreme Court of the United States · 1870
3Cited by37 opinions
- Heller v. . CohenNew York Court of Appeals · 1897
- Junius Construction Corp. v. CohenNew York Court of Appeals · 1931
- McPherson v. . SchadeNew York Court of Appeals · 1896
- Anderson v. Steinway & SonsAppellate Division of the Supreme Court of the State of New York · 1917
- Millman v. SwanSupreme Court of Virginia · 1925
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