Groesbeck v. . Morgan
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 18, 1910, affirming 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. Plaintiff’s laches are fatal. (Wiswall v. McGowan, 2 Barb. 270; Babcock v. Eurich, 64 How.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered November 18, 1910, affirming 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. Plaintiff’s laches are fatal. (Wiswall v. McGowan, 2 Barb. 270; Babcock v. Eurich, 64 How. Pr. 435; Scudder v. Lehman, 142 N. Y. 631; Sawyer v. Collyer, L. R. [28 Ch. Div.] 431; Eads v. Williams, 4 DeG., M. & G. 674; Walker v. Jeffreys, 1 Hare, 341; Southcomb v. Bishop of…
1Opinion of the CourtWillard Bartlett, J.
This is an action for specific performance by the vendee against the vendor. The premises covered by the contract were on Delaware avenue in the city of Albany. The purchase price was $2,750, of which $500 was paid at the time of the signing of the agreement on February 15, 1902. At that time the defendant did not own the fee, but, as the agreement recited, was merely seized of a lien upon the premises for unpaid taxes, assessments or water rates. The vendor agreed to obtain a good title free and clear from all liens and other incumbrances and convey the premises to the vendee on or before…
2Cases cited5 opinions
- Benedict v. LynchNew York Court of Chancery · 1815
- Schmidt v. . ReedNew York Court of Appeals · 1892
- Peters v. . DelaplaineNew York Court of Appeals · 1872
- Delavan v. . DuncanNew York Court of Appeals · 1872
- Hayes v. . NourseNew York Court of Appeals · 1889
3Cited by36 opinions
- Pollitz v. . Wabash R.R. Co.New York Court of Appeals · 1912
- EMF General Contracting Corp. v. BisbeeAppellate Division of the Supreme Court of the State of New York · 2004
- Augustine v. SzwedAppellate Division of the Supreme Court of the State of New York · 1980
- Feldman v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1940
- Krieger v. KriegerNew York Court of Appeals · 1969
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