Hayden v. Pinchot
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Amos R. E. Pinchot, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 15th day of June, 1915, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 30th day of June, 1915, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
On January 31, 1913, the appellant entered into a contract with respondents to purchase from them for $125,000 certain real estate in the city of Hew York — the respondents agreeing to convey “free from all encumbrance.” Two thousand five hundred dollars of the purchase price was paid at the time the contract was executed and the balance agreed to be paid on the third of March following — the date set for closing the transaction — when the deed was to be delivered. On that day the respondents tendered to the appellant a deed, which he refused to accept on the ground that there…
2Cases cited13 opinions
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Mott v. . OppenheimerNew York Court of Appeals · 1892
- Curtis v. AspinwallMassachusetts Supreme Judicial Court · 1873
- Smyth v. . SturgesNew York Court of Appeals · 1888
- Prichard v. MulhallSupreme Court of Iowa · 1905
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