Legal Opinion

Reilly v. . Hart

New York Court of Appeals

Decided February 9, 1892PublishedCited by 10 opinions

Appeal from judgment of tlie General Term of the Supreme Court, in the second judicial department, entered upon an order made February 10,1890, in a controversy submitted for determination upon a case under section 1279 of the Code of Civil Procedure. The question submitted was as to plaintiff’s right to the specific performance of a contract for the purchase by defendant- of certain land, and the facts, so far as material, are stated in the opinion.

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Appeal from judgment of tlie General Term of the Supreme Court, in the second judicial department, entered upon an order made February 10,1890, in a controversy submitted for determination upon a case under section 1279 of the Code of Civil Procedure. The question submitted was as to plaintiff’s right to the specific performance of a contract for the purchase by defendant- of certain land, and the facts, so far as material, are stated in the opinion. The case shows that before the order was made for service of the summons upon these defendants by publication other defendants had been…

1Opinion of the CourtBradley, J.

The controversy arose upon the refusal of the defendant to complete the purchase of certain land in the city of Brooklyn, which land was the subject of a contract between the parties, whereby the plaintiffs agreed to sell and convey it by full covenant warranty deed to the defendant, and the latter to purchase it at the price of $3,360. The refusal was upon the asserted ground that the plaintiffs were unable to convey a perfect title to the premises. The title of the plaintiffs was derived from the purchaser of the property on a sale made pursuant to a judgment of foreclosure of a mortgage.…

2Cases cited2 opinions

  1. Moore v. . HamiltonNew York Court of Appeals · 1871
  2. Livermore v. . BainbridgeNew York Court of Appeals · 1872

3Cited by10 opinions

  1. White v. JohnsonOregon Supreme Court · 1895
  2. Cole v. Parker-Washington Co.Supreme Court of Missouri · 1918
  3. In re the Arbitration between First National Oil Corp. & ArrietaNew York Supreme Court · 1956
  4. Angelo v. AngeloAppellate Division of the Supreme Court of the State of New York · 1953
  5. Patrick v. Travelers InsuranceCourt of Appeals of Georgia · 1934

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