Legal Opinion

Altman v. McMillin

Appellate Division of the Supreme Court of the State of New York

Decided November 5, 1906PublishedCited by 5 opinions

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.:

The plaintiff is the owner of a piece of property at the northeast corner of West End avenue and Ninety-ninth street in the city of New York, extending 100 feet 11 inches toward the middle of the block and 102 feet deep. On July 14, 1905, he entered into a written contract with the defendant for the sale of said property, the defendant to pay $1,000 on the signing of the contract and the date for closing was therein fixed for August 1, 1905. The said contract contained the following clause : “ The deed shall be a full covenant warranty deed in proper form and shall be duly executed…

2Cases cited2 opinions

  1. Kurtz v. PotterAppellate Division of the Supreme Court of the State of New York · 1899
  2. Kurtz v. PotterNew York Court of Appeals · 1901

3Cited by5 opinions

  1. Wheeler v. SullivanSupreme Court of Florida · 1925
  2. Wheeler v. SullivanSupreme Court of Florida · 1925
  3. Gleason v. TompkinsNew York Supreme Court · 1975
  4. Schefer v. BallNew York Supreme Court · 1907
  5. Schefer v. BallNew York Supreme Court · 1907

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