Disbrow v. . Harris
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made April 9, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material,, are stated in the opinion. The contract between the parties contained a provision that the house then in process of construction should he delivered in good condition.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made April 9, 1888, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material,, are stated in the opinion. The contract between the parties contained a provision that the house then in process of construction should he delivered in good condition. This provision was not merged in the deed which was given by the plaintiff to. the defendant. (Phillips v. Phillips, 1 P. Wms. 44; Bascom v. Smith, 34 N. Y. 320; Forbes…
1Opinion of the CourtBradley, J.
The action was brought to recover the balance alleged to be due upon a contract, made between the parties, by which the plaintiff agreed to sell to the defendant certain real property, consisting of a house and lot in the city of Hew York, for $25,000, and on a day mentioned, on payment of the purchase-money, to convey the property to him with covenants of warranty. The contract contained the provision that the plaintiff should deliver the house in good condition and put in three new grates. The defendant afterwards paid all the purchase-money payable to the plaintiff, except $350, which sum…
2Cases cited3 opinions
- Morris v. . WhitcherNew York Court of Appeals · 1859
- Whittlesey v. . DelaneyNew York Court of Appeals · 1878
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