Baumann v. Pinkney
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the dismissal of a complaint on a trial by the court without a jury. The action was brought to compel specific performance, by defendant, of a contract to sell real estate to plaintiff. The defendant was, at the time of the commencement of the action, the owner of the plot of land in question, lying, between 137th and 138th Streets and Eighth and New Avenues in the City of New York.
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Appeal from a judgment of this court entered upon the dismissal of a complaint on a trial by the court without a jury. The action was brought to compel specific performance, by defendant, of a contract to sell real estate to plaintiff. The defendant was, at the time of the commencement of the action, the owner of the plot of land in question, lying, between 137th and 138th Streets and Eighth and New Avenues in the City of New York. On or about the 22d day of June, 1886, an instrument in writing was executed between the parties, in and by which the defendant agreed to sell such real estate to…
1Opinion of the Court
Larremore, Ch. J.— [After stating the facts as above.]
— The opinion of the learned judge before whom this case was tried, contains the following language : “ In this contract the time for its performance was made of the essence of the contract; first, by the specific date mentioned in the contract for the performance of the mutual and dependent covenants of the parties thereto; second, by a clause in the contract forfeiting the $2,000 paid on account of the purchase money if the plaintiff failed to complete the purchase at the time and place fixed by the contract; third, by express notice,…
2Cases cited2 opinions
- Hubbell v. . Von SchoeningNew York Court of Appeals · 1872
- Babcock v. EmrichNew York Supreme Court · 1883