Legal Opinion

Ruckstuhl v. Healy

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

Decided December 23, 1927PublishedCited by 2 opinions

1Opinion of the CourtO’Malley, J.

The plaintiff vendee sues the defendant vendor to rescind a contract of sale of real property known as Nos. 834-836 Riverside Drive; to recover payment on the contract price of $5,000 and expenses incurred in the examination of title, and to have declared a total sum of $5,299 a lien on the property pursuant to a clause which provided for such hen. - The action is predicated upon the theory that the defendant misrepresented the nature of a third mortgage lien upon the premises.

As the complaint was dismissed at the close of the plaintiff’s case, her testimony and evidence are entitled to the…

2Cases cited5 opinions

  1. Bloomquist v. . FarsonNew York Court of Appeals · 1918
  2. Mead v. . BunnNew York Court of Appeals · 1865
  3. Greene v. . Barrett, Nephews Co.New York Court of Appeals · 1924
  4. C. Bahnsen & Co. v. GerstNew York Court of Appeals · 1923
  5. Botway v. SchnitzerAppellate Division of the Supreme Court of the State of New York · 1926

3Cited by2 opinions

  1. M. R. M. Realty Co. v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1935
  2. Stirn v. 293 Avenue B Corp.Appellate Division of the Supreme Court of the State of New York · 1928

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