Levin v. Hill
Appellate Division of the Supreme Court of the State of New York
Appeal, by the defendants, Frank M. Hill and another,, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the 7th day of May,'1906, upon the decision of the court rendered after a trial at the Hew York Special Term.
1Opinion of the Court
Houghton, J.:
The appellant Rose contracted to sell certain real estate to appellant Hill, who assigned the contract to defendant Monfried* who in turn assigned it to respondent, who brings this action to recover back the moneys paid, on the ground that the premises are subject to a restrictive covenant not provided for in the contract.
The contract of sale stipulated that the premises should be free from all incumbrances “ except existing covenants as to nuisances, if any, which do not, however, prevent the erection of stores or tenement houses.” In the deed to Rose, which was recorded on the…
2Cases cited3 opinions
- Blanck v. . SadlierNew York Court of Appeals · 1897
- Feltenstein v. ErnstAppellate Terms of the Supreme Court of New York · 1906
- Feltenstein v. ErnstAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by2 opinions
- Wheeler v. SullivanSupreme Court of Florida · 1925
- Wheeler v. SullivanSupreme Court of Florida · 1925