Reynolds v. Cleary
New York Supreme Court
Appeal from special term, New York county. Affirmed. Action by Kate Reynolds against Catherine Cleary. . From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtDaniels, J.
The action was brought upon a contract for the sale and conveyance of real estate known as “527 West Forty-Fifth Street” in the city of New York. By the contract the defendant covenanted to execute and deliver to the plaintiff “a proper deed containing a general warranty and the usual full covenants for the conveying and assuring to her or them the fee-simple of the said premises free from all incumbrance except as aforesaid,” which exception included a mortgage upon the property, amounting to the sum of $5,000. A deed was tendered for the performance of the agreement, which was refused by…
2Cases cited8 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Wetmore v. . BruceNew York Court of Appeals · 1890
- Carleton v. . CarletonNew York Court of Appeals · 1881
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3Cited by3 opinions
- Kerrigan v. BackusAppellate Division of the Supreme Court of the State of New York · 1902
- Moubray v. G. & M. Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Kerrigan v. BackusAppellate Division of the Supreme Court of the State of New York · 1902