Blanck v. . Sadlier
New York Court of Appeals
The provisions of the terms of sale must be construed most strongly against the defendant who prepared them. (Pomeroy on Contracts, §§ 366, 367, 368; Gibson v. D'Este, 2 Y. & C. 542; Graves v. Wilson, 4 Jur. [N. S.] 471; Dykes v. Blake, 4 Bing. [N. C.] 463; Jones v. Edney, 3 Campb. 285.) The purchaser cannot he compelled to do anything more than, or to take something different from, that which is provided by the clear meaning of the terms of sale.
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The provisions of the terms of sale must be construed most strongly against the defendant who prepared them. (Pomeroy on Contracts, §§ 366, 367, 368; Gibson v. D'Este, 2 Y. & C. 542; Graves v. Wilson, 4 Jur. [N. S.] 471; Dykes v. Blake, 4 Bing. [N. C.] 463; Jones v. Edney, 3 Campb. 285.) The purchaser cannot he compelled to do anything more than, or to take something different from, that which is provided by the clear meaning of the terms of sale. He is not bound to take upon himself any risk or trouble not contracted for. (Webster v. K. C. T. Co., 145 N. Y. 275; Schmidt v. Reed, 132 N. Y.…
1Opinion of the Court
Andrews, Ch. J.
The plaintiff on June 6th, 1895, became the purchaser at public auction of premises known as 17o. 138 West 133d street, in the city of Hew York, for the sum of $19,700. The sale was made by the receiver of the firm of Cassidy & Adler under the order of the comff. There was at the time of the sale a mortgage on the premises for $16,000, dated January 3d, 1891, and payable January 30th, 1899, “in gold coin of the United States of America of the present standard of weight and fineness.” The sale was made as stated in the conditions of sale, “subject to a mortgage of $16,000, to be…
2Cases cited3 opinions
- Bronson v. RodesSupreme Court of the United States · 1869
- Graves v. . WhiteNew York Court of Appeals · 1882
- Burwell v. . JacksonNew York Court of Appeals · 1854
3Cited by17 opinions
- Greenfarb v. R. S. K. Realty Corp.New York Court of Appeals · 1931
- Wallach v. . Riverside BankNew York Court of Appeals · 1912
- Ghiglione v. MarshAppellate Division of the Supreme Court of the State of New York · 1897
- Faile v. CrawfordAppellate Division of the Supreme Court of the State of New York · 1898
- Ruess v. EwenAppellate Division of the Supreme Court of the State of New York · 1898
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