Richter v. Distelhurst
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.
1Opinion of the Court
Clarke, J.:
Submission of a controversy on an agreed statement of facts.' Plaintiff agreed to sell and defendant agreed to buy a piece of property on Hiiith street in the city, of New York., The contract provided that the plaintiff should give a proper, deed containing a general warranty and the usual full covenants conveying and, assuring the fee simple, free from -all incumbrances, exbept a specified mortgage. On.the closing day defendant declined to take title upon ' the ground that the title of the plaintiff was not a fee simple, free from all incumbrances, as the premises were covered by…
2Cases cited3 opinions
- Upington v. . CorriganNew York Court of Appeals · 1896
- Post v. . WeilNew York Court of Appeals · 1889
- Graves v. . DeterlingNew York Court of Appeals · 1890
3Cited by5 opinions
- Davis v. RobinsonSupreme Court of North Carolina · 1925
- Davis v. . RobinsonSupreme Court of North Carolina · 1925
- Zweig v. SweedlerAppellate Division of the Supreme Court of the State of New York · 1910
- Dubrowsky v. BenedictNew York Supreme Court · 1971
- McCarter v. New Rochelle Homestead Co.New York Supreme Court · 1931