Nicklas v. Keller
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George Keller, from a judgment of the Supreme Court' in favor of the .plaintiff, entered in the office of the clerk of the county of Westchester on the 21st day of February, 1896, upon the decision of the court rendered after a trial at the Westchester Special Term.
1Opinion of the Court
Cullen, J.:
This action is brought to compel the specific performance of a contract between the parties, for an exchange of real properties. The plaintiff attended at the place prescribed by the contract for passing the title, and tendered a conveyance of his property and of the money, which by the contract he stipulated to pay. The defendant declined to carry out the contract or deliver to the plaintiff a deed of his (defendant’s) property. Ho reason was assigned by the defendant for the refusal. At the time at which title was to be taken there were certain mortgages on the plaintiff’s…
2Cases cited5 opinions
- Welsh v. . TaylorNew York Court of Appeals · 1892
- Haffey v. . LynchNew York Court of Appeals · 1894
- Haight v. . LittlefieldNew York Court of Appeals · 1895
- Forbes v. . HalseyNew York Court of Appeals · 1862
- Wheeler v. . ClarkNew York Court of Appeals · 1874
3Cited by8 opinions
- Scripture v. MorrisAppellate Division of the Supreme Court of the State of New York · 1899
- Scripture v. MorrisAppellate Division of the Supreme Court of the State of New York · 1899
- Tremberger v. OwensAppellate Division of the Supreme Court of the State of New York · 1903
- Lighton v. City of SyracuseNew York Supreme Court · 1905
- Lighton v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1906
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