Babcock v. Emrich
New York Supreme Court
( Before Davis, P. JDaniels and Dwight, JJ. Appeal from a judgment rendered by justice Beach at special term, March, 1880, dismissing complaint, with costs. The following is the opinion: Beach, J. This bill is filled to enforce a specific performance by the defendant Emrich of a contract with the plaintiff for the sale of real estate situate in the city of Mew York.
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( Before Davis, P. JDaniels and Dwight, JJ. Appeal from a judgment rendered by justice Beach at special term, March, 1880, dismissing complaint, with costs. The following is the opinion: Beach, J. This bill is filled to enforce a specific performance by the defendant Emrich of a contract with the plaintiff for the sale of real estate situate in the city of Mew York. The agreement is dated March 31, 1879, and by its terms the price was to be paid and title given 'June 2, 1879, at two o’clock, p. m., at a place specified. At that date, the proceedings seem to have been adjourned, at plaintiff’s…
1Opinion of the CourtDavis, P. J.
This action was brought to compel the specific performance of a contract for the sale and conveyance of certain real estate in the city of New York. The contract of sale was made March 31, 1879. No part of the consideration was paid. By the terms of the contract the title was to be passed and the consideration paid on the 2d day óf June, *4381879, at 2. o’clock p. m., at the office of John 8. Cram, Esq., Ho. 65 Wall street.
The vendor Emrich had a deed of the premises prepared and ready for delivery at the time and place named in the contract, and the deed together with a statement of an…
2Cases cited2 opinions
- Hubbell v. . Von SchoeningNew York Court of Appeals · 1872
- Selleck v. . TallmanNew York Court of Appeals · 1881
3Cited by4 opinions
- Charlton v. SheilNew York Supreme Court · 1916
- Kitching v. BrowneNew York Supreme Court · 1922
- Baumann v. PinkneyNew York Court of Common Pleas · 1887
- Hall v. HartfordNew York Supreme Court · 1906