Legal Opinion

Fagen v. Davison

The Superior Court of New York City

Decided April 30, 1853PublishedCited by 4 opinions

Appeal, by defendant, from a judgment at special term, in favor of the plaintiff, for $1,441.25. The action was brought to recover damages for the breach of an agreement, relative to the sale and exchange of certain real estate in the city of New York. The complaint averred that, on the 1st of April, 1851, the plaintiff and defendant entered into an agreement, in writing, under seal, and then set forth the agreement verbatim.

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Appeal, by defendant, from a judgment at special term, in favor of the plaintiff, for $1,441.25. The action was brought to recover damages for the breach of an agreement, relative to the sale and exchange of certain real estate in the city of New York. The complaint averred that, on the 1st of April, 1851, the plaintiff and defendant entered into an agreement, in writing, under seal, and then set forth the agreement verbatim. The following are its substantial provisions :—The defendant agreed to sell and convey to the plaintiff a house and lot in the city of New York, known as No. 149 Fourth…

1Opinion of the Court

By the Court. Oakley, Ch. J.

The pleadings in this case furnish a full answer to nearly all the objections that have been raised on the part of the defendant.

The answer, by not controverting, admits all the material allegations in the complaint, and sets up as a sole defence that the judgments against McDonald were a subsisting lien upon the plaintiff’s lots, on the day appointed for the exchange and delivery of the deeds. The answer, therefore, admits that but for this objection the title was satisfactory, and that if the objection were proved to be groundless, the refusal of the defendant to…

2Cases cited1 opinion

  1. Linden v. GrahamThe Superior Court of New York City · 1853

3Cited by4 opinions

  1. Hellreigel v. . ManningNew York Court of Appeals · 1884
  2. Latrobe and Whistler v. WinansCourt of Appeals of Maryland · 1899
  3. Baker v. ScottNew York Supreme Court · 1874
  4. Toole v. TooleNew York Court of Appeals · 1889

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