Clarke v. Long Island Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Long Island Realty Company, from a judgment of the Municipal Court of the city of Rew York, borough of Brooklyn, in favor of the plaintiff, rendered on the 23d day of May, 1907, overruling defendant’s demurrer to the .complaint.
1Opinion of the Court
Miller, J.:
The plaintiff sues to recover payments on an. executory contract of purchase and sale of real property alleged to have been made by him, the vendee, under a mistake of fact. The plaintiff alleges that intermediate the execution of said contract and the making of said payments the city of Rew York acquired title to the property under the right of eminent domain, of which fact he was ignorant when said payments were made.
It is not necessary to cite authority for the familiar proposition that the vendee under an executory contract of purchase and sale has the equitable title, the…
2Cases cited3 opinions
- Stevenson v. LoehrIllinois Supreme Court · 1871
- Vandermulen v. . VandermulenNew York Court of Appeals · 1888
- Pinkerton v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1872
3Cited by22 opinions
- Mesich v. Board of County Com'rs of McKinley Co.New Mexico Supreme Court · 1942
- Summers v. Midland Co.Supreme Court of Minnesota · 1926
- Reife v. OsmersNew York Court of Appeals · 1929
- Schaefer v. E. F. Gregory Co.Washington Supreme Court · 1920
- Arko Enterprises, Inc. v. WoodDistrict Court of Appeal of Florida · 1966
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