Wallach v. . Riverside Bank
New York Court of Appeals
Appeal from a, judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 10,1909, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from a, judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 10,1909, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. By a contract made on the fourth of February, 1905, the defendant agreed to sell to the plaintiff “ all the premises known as Nos. 165 and 161 East 108th Street in the city of New York,” bounded and described by definite and certain metes and bounds. The sale was stated to be subject to existing leases expiring on May 1st, 1905, and to “ existing restrictions…
1Opinion of the CourtVann, J.
The main question presented by this appeal is whether the defendant met its covenant to convey the premises by tendering a quitclaim deed thereof /under the circumstances found by the trial court. The 'subject of the contract was a certain parcel of land, and the object of the plaintiff was to buy and of the defendant to sell “ all the premises,” which were carefully described. ( The means prescribed by the parties to carry the contract into effect on the part of the defendant was a quitclaim deed. The defendant, however, did not have a perfect title free from incumbrances, for the premises…
2Cases cited6 opinions
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Burwell v. . JacksonNew York Court of Appeals · 1854
- Delavan v. . DuncanNew York Court of Appeals · 1872
- Leggett v. . Mutual Life Ins. Co. of N.Y.New York Court of Appeals · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Laba v. CareyNew York Court of Appeals · 1971
- Higgs v. De MaziroffNew York Court of Appeals · 1934
- Boekelheide v. SnyderSouth Dakota Supreme Court · 1947
- Ross v. Florida Sun Life Insurance CompanyDistrict Court of Appeal of Florida · 1960
- Scott v. Albemarle Horse Show Ass'nSupreme Court of Virginia · 1920
17 more not listed; retrieve them via the Exa API.