Schaefer v. . Blumenthal
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 29, 1900, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 29, 1900, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury. This action was brought to recover damages for the alleged breach of a contract whereby the defendant agreed to sell to the plaintiff a lot of land in the city of Hew York, with the buildings thereon, for the sum of $28,250.00, and upon receiving the price mentioned to execute and deliver to the plaintiff a full covenant warranty deed for the conveyance of…
1Opinion of the CourtBartlett, J.
The' single question is presented by this appeal, whether the plaintiff was justified in refusing to take title under his contract to purchase from the defendant the house and lot in question for the reason that a portion of the party wall on the southerly side thereof stood wholly upon the adjacent lot.
The position assumed by the plaintiff, in which he has been sustained by the courts below, is, that the defendant having agreed to convey to him a lot with the buildings thereon, described as twenty-seven feet wide and eighty-four feet deep, is in default of his contract, it appearing that a…
2Cases cited7 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
- Butterworth v. . CrawfordNew York Court of Appeals · 1871
- Rogers v. . SinsheimerNew York Court of Appeals · 1873
- Hendricks v. . StarkNew York Court of Appeals · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cashman v. BeanMassachusetts Supreme Judicial Court · 1917
- Nabers v. WiseSupreme Court of Alabama · 1941
- Weadock v. ChampeMichigan Supreme Court · 1916
- Soma Realty Co. v. RomeoNew York Supreme Court · 1961
- Gaynes v. 2684 Realty Corp.New York Supreme Court · 1956
1 more not listed; retrieve them via the Exa API.