Brenen v. North
Appellate Division of the Supreme Court of the State of New York
Submission of .a controversy upon an agreed statement -of facts-pursuant to section 1279 of the Code of Civil Procedure. The submission provided among other things as follows: “ The costs of this action, whatever may be the determination, are hereby waived by each party* as against the other.
1Opinion of the Court
Patterson, J.:
The controversy between the parties on this record is submitted upon an agreed state of facts pursuant to the provisions of section 1279 of the Code of Civil Procedure. It arises out of an agreement. in writing by which the plaintiff contracted to sell and convey to the defendant certain premises in the city of New York. The-defendant declined to receive a conveyance upon the alleged ground that the plaintiff was ' unable to convey -a marketable title, and the objections he urges will be considered in the order in which he has presented them.
The premises referred to-in the…
2Cases cited2 opinions
- Kennedy v. New York Life Insurance & Trust Co.New York Court of Appeals · 1886
- Naughton v. VionNew York Supreme Court · 1895
3Cited by6 opinions
- In re the Estate of MorningstarNew York Surrogate's Court · 1932
- Stuyvesant v. WeilNew York Supreme Court · 1899
- McArthur v. SouthardSouth Dakota Supreme Court · 1898
- Gray v. DanielsAppellate Division of the Supreme Court of the State of New York · 1897
- Manhattan Beach Co. v. BonnerNew York Supreme Court · 1924
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