Downes v. Dimock & Fink Co.
Appellate Division of the Supreme Court of the State of New York
- Appeal by the defendant, the Dimock & Fink Company, 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 25 th day of March, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, directing the specific performance of a contract for the sale of real estate.
1Opinion of the Court
McLaughlin, J.:
On the 22d of February, 1901, the parties to this action entered into a contract by which the plaintiffs agreed to sell, and the defendant to purchase, for a specific consideration, certain real estate situate in the city of New York. At the time fixed for the completion of the contract by the passing of the title the defendant refused to accept the same upon the ground that the plaintiffs did not have a marketable title to the land contracted to be sold. Subsequently this action was brought to compel the defendant to., specifically perform.
The alleged defects in the title on…
2Cited by1 opinion
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1938