Crosby v. Thedford
New York Court of Common Pleas
Submission of controversy upon admitted facts. The case agreed upon was, that plaintiff demanded specific performance of a contract for the purchase of real estate by defendant from plaintiff, entered into between them, which was set forth; and defendant claimed that he should not be forced specifically to perform, because plaintiff’s title was not such that he could convey a good, clear, and indefeasible title in fee simple to said property according to said contract.
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Submission of controversy upon admitted facts. The case agreed upon was, that plaintiff demanded specific performance of a contract for the purchase of real estate by defendant from plaintiff, entered into between them, which was set forth; and defendant claimed that he should not be forced specifically to perform, because plaintiff’s title was not such that he could convey a good, clear, and indefeasible title in fee simple to said property according to said contract. The ease stated, as among the facts upon which the controversy depended, that plaintiff’s title was derived from a purchase…
1Opinion of the CourtLarremore, J.
This case is presented by the submission of a controversy upon admitted facts under the provisions of the Code of Civil Procedure. The plaintiff seeks specific performance of a contract for the purchase and sale of *152real estate. The defendant refuses to perform Ms part of the contract upon the ground that the plaintiff cannot convey a good title. It appears from the record that he acquired his title under a foreclosure sale in which action some of the defendants therein were served under an order for publication made by the Special Term of the Supreme Court, although signed by a judge thereof.
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2Cases cited2 opinions
- Fearing v. . IrwinNew York Court of Appeals · 1874
- Heishon v. . Knickerbocker Life Insurance Co.New York Court of Appeals · 1879
3Cited by1 opinion
- Herkimer County Light & Power Co. v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1899