Empire Realty Corp. v. Sayre
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Empire Realty Corporation, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 13th day of January, 1905, upon the decision of the court, rendered after ■atrial at the New York Special Term, dismissing the complaint and rescinding á certain contract for the exchange of real property. Also an appeal by the defendant, Reginald II.
Read the full summary
Appeal by the plaintiff, the Empire Realty Corporation, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 13th day of January, 1905, upon the decision of the court, rendered after ■atrial at the New York Special Term, dismissing the complaint and rescinding á certain contract for the exchange of real property. Also an appeal by the defendant, Reginald II. Sayre, from so much'of said-judgment as excludes damages for the commissions paid to the broker for negotiating the said- contract and limits, the amount of…
1Opinion of the Court
O’Brien, J.:
This action' is brought to compel the specific performance of a contract for the exchange of real estate which the defendant refused to carry out on the ground that ¡the plaintiff ¡could sot give ¡a marketable title to the premises which it agreed to convey. These premises consist of a corner lot in the city' of New York having a frontage of about fifty feet on University place and eighty-two and one-half feet on Twelfth street, upon which let is standing -a .tem&tory building erected in the year 1899—1900, and valued in the contract of sale at $387,500..
The title to this property…
2Cases cited12 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Morgan v. BellWashington Supreme Court · 1892
- Cambrelleng v. . PurtonNew York Court of Appeals · 1891
- Northridge v. . MooreNew York Court of Appeals · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Mertens v. BerendsenCalifornia Supreme Court · 1931
- Howells v. AlbertNew York Supreme Court · 1962
- Loeffler v. RoeSupreme Court of Florida · 1953
- Meadows v. LewisAppellate Division of the Supreme Court of the State of New York · 1932
- Willard v. MercerAppellate Division of the Supreme Court of the State of New York · 1981
16 more not listed; retrieve them via the Exa API.