Pakas v. Clarke
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Walter J. Clarke, from a judgment of the Supreme Court in favor, of the plaintiff, entered in the office of the clerk of the county of New York on the 30th day of June, 1909, upon: the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
McLaughlin, J. :
This action was brought for specific performance of a contract for the sale and purchase of real estate. At the time fixed (June 30, 1908) for the closing of the contract by the delivery of a deed of conveyance, the defendant refused to perform, alleging as a reason several defects in the title and that the plaintiff had not leased the premises to one Hurley for fifteen years as he had agreed to do. The trial court found — and the evidence is sufficient to sustain the findings — that all but one of the objections to the title, including the lease referred to, were, at the time…
2Cases cited3 opinions
- Schmidt v. . ReedNew York Court of Appeals · 1892
- Baumeister v. DemuthAppellate Division of the Supreme Court of the State of New York · 1903
- Baumeister v. . DemuthNew York Court of Appeals · 1904
3Cited by6 opinions
- Scudder v. LehmanAppellate Division of the Supreme Court of the State of New York · 1911
- Begen v. . PettusNew York Court of Appeals · 1918
- Hirschfeld v. Borchard Affiliations, Inc.New York Supreme Court · 1959
- Telmark, Inc. v. AyersAppellate Division of the Supreme Court of the State of New York · 1981
- Joseph Loria, Inc. v. Stanton Co.New York Supreme Court · 1921
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