Legal Opinion

Heller v. Cohen

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 3 opinions

Appeal by the plaintiffs, John H. Heller, Jr., and another, as executors, etc., of John H. Heller, deceased, from a judgment of the Supreme Court in favor of the defendant, entered-in the office of the clerk of the county of Mew York on the 9th day of April, 1896, upon the decision of the court, rendered after a trial at the Mew York Special Term, dismissing the plaintiffs’ complaint upon. the merits.

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Appeal by the plaintiffs, John H. Heller, Jr., and another, as executors, etc., of John H. Heller, deceased, from a judgment of the Supreme Court in favor of the defendant, entered-in the office of the clerk of the county of Mew York on the 9th day of April, 1896, upon the decision of the court, rendered after a trial at the Mew York Special Term, dismissing the plaintiffs’ complaint upon. the merits. The action' is brought to obtain specific performance of a contract to purchase real property. The contract was made December 4, 1893. By it the plaintiffs, as executors and trustees of John H.…

1Opinion of the Court

Barrett, J,:

The objections to the plaintiffs’title to the front portion of the tract sought to be conveyed are based upon the use of the word “northwest” instead of “southwest” by the deeds in specifying the corner at which the description commenced, and upon the fact that the contract and surveys fix the easterly boundary of the property as seventy-five feet eleven and one-half inches westerly from Chrystie street, while the deeds describe it as seventy-five feet from that point. ; It is well to state these objections separately, and to-some extent, they will need separate consideration,…

2Cases cited4 opinions

  1. Shriver v. . ShriverNew York Court of Appeals · 1881
  2. Brookman v. . KurzmanNew York Court of Appeals · 1883
  3. Bernstein v. . NealisNew York Court of Appeals · 1895
  4. Meyer v. BoydNew York Supreme Court · 1889

3Cited by3 opinions

  1. Garrow v. ToxeySupreme Court of Alabama · 1914
  2. Wessel v. CramerAppellate Division of the Supreme Court of the State of New York · 1900
  3. Wessel v. CramerAppellate Division of the Supreme Court of the State of New York · 1900

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