Baumann v. . Pinckney
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Bleas of the city and county of New York, entered upon an order made June 6, 1887, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Court of Common Bleas of the city and county of New York, entered upon an order made June 6, 1887, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was for the specific performance of an executory contract to convey land situate in the city and county of New York. ' The agreement between the parties, dated June 22, 1886, provided that the defendant, in consideration of $126,000, ■should convey the premises in question to the plaintiff on the 1st of September, 1886, at 1…
1Opinion of the CourtVann, J.
The only decision of the Special Term that appears in the record before us consists of the findings proposed by the parties marked “found” or “refused,” as the case may be, by the judge who presided at the trial. Thus it happened that the court directed that the complaint should be dismissed, both upon the merits and because the plaintiff had an adequate remedy at law. According to a long and unbroken line of decisions, the latter ground is clearly untenable. As early as 1835, it was said by Chancellor Walworth that a suit in equity against the vendee to compel a specific performance of a…
2Cases cited14 opinions
- Duffy v. . O'DonovanNew York Court of Appeals · 1871
- Brown v. Haff & LyonNew York Court of Chancery · 1835
- Crary v. . SmithNew York Court of Appeals · 1848
- Ostrander v. . WeberNew York Court of Appeals · 1889
- Hubbell v. . Von SchoeningNew York Court of Appeals · 1872
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3Cited by36 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- Clarno v. GraysonOregon Supreme Court · 1896
- Van Dyke v. ColeSupreme Court of Vermont · 1908
- Christiansen v. AldrichMontana Supreme Court · 1904
- Louis K. Liggett Co. v. RoseCourt of Appeals of Maryland · 1927
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