Kelly v. Brower
New York Supreme Court
Appeal from special term, Kings county. Action by Edward E. Kelly against James 0. Brower. The complaint was dismissed without costs, and judgment entered, decreeing specific performance of the contract mentioned in the opinion, without costs. Plaintiff appeals from the dismissal of bis complaint, and defendant appeals from that portion of the judgment denying him costs.
1Opinion of the CourtPratt, J.
The plaintiff contracted to purchase from defendant some vacant lots on Elm street, Brooklyn, with a frontage of 75 feet. Upon an examination of the title, his counsel were of the opinion that as to 14 inches of the front the defendant’s title was not perfect. Thereupon plaintiff refused to take the title, and brings this action to recover the earnest money, and the expense of searching the title. The defendant answers, averring that the title is perfect, and asking that plaintiff be required to take the title and pay the purchase price.
An examination of the testimony satisfies the court that…
2Cited by2 opinions
- Mast v. HooverWashington Supreme Court · 1923
- Uebelacker v. UebelackerNew York Supreme Court · 1908