Toch v. Horowitz
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by Joseph Toch against Isaac R. Horowitz. From a judgment in favor of plaintiff, defendant appeals. Reversed.
1Opinion of the CourtBlanchard, J.
This action was brought to recover damages for an alleged breach of contract for the sale of tenement house property in the city of New York. The contract contained'a clause that the fee of the premises was to be conveyed free from incumbrances, except certain mortgages and monthly tenancies. Pursuant to the terms of this contract, a deed of the premises was delivered to the plaintiff, the purchaser, by the seller, the defendant, on or about the 30th day of April, 1903. The deed contained a covenant that the fee of the premises was subject to the mortgages and monthly tenancies as stated in…
Also in this document: Concurrence.
2Cases cited2 opinions
- Dodds v. . HakesNew York Court of Appeals · 1889
- Browning v. StillwellNew York Supreme Court · 1904