Kahn v. . Chapin
New York Court of Appeals
Appeal from a judgment of the General Term of the' Supreme Court in the first judicial department, entered March 4, 1895, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material,, are stated in the opinion. Tlie theory of the court at Special Term was erroneous.
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Appeal from a judgment of the General Term of the' Supreme Court in the first judicial department, entered March 4, 1895, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material,, are stated in the opinion. Tlie theory of the court at Special Term was erroneous. Specific performance should not be granted when the vendor, in consequence of a defect in his title, is unable to perform, because the court could not enforce its judgment, and also because it would be oppressive to the…
1Opinion of the CourtMartin, J.
This action was commenced by the plaintiff’s testator. Pending the appeal to this court he died, the plaintiff was substituted, and the action continued in her name.
October 19th, 1892, the plaintiff’s testator and the defendant entered into a written contract, whereby the former agreed to convey to tlie latter a house on Park avenue in the city of New York subject to a mortgage for twenty-five thousand dollars, which the defendant agreed to assume. The defendant also agreed to convey to the plaintiff’s testator a house on Twelfth street in that city, and to pay him eight- thousand dollars in…
2Cases cited3 opinions
- Greenblatt v. . HermannNew York Court of Appeals · 1894
- Day v. . HuntNew York Court of Appeals · 1889
- Harrington v. . Erie County Savings BankNew York Court of Appeals · 1886
3Cited by8 opinions
- Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
- Lese v. . LamprechtNew York Court of Appeals · 1909
- McDaniel v. HughesCourt of Appeals of Maryland · 1967
- Creighton v. HayesTennessee Supreme Court · 1961
- Andrews v. FluekigerWisconsin Supreme Court · 1919
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