Post v. . Weil
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme ■Court in the first judicial department, entered upon an order made May 1, 1888, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. This action was brought to compel the specific performance by defendants, as executors of the will of Max Weil, deceased, of a contract made by their testator for the purchase by him of plaintiff of certain real estate.
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Appeal from judgment of the General Term of the Supreme ■Court in the first judicial department, entered upon an order made May 1, 1888, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. This action was brought to compel the specific performance by defendants, as executors of the will of Max Weil, deceased, of a contract made by their testator for the purchase by him of plaintiff of certain real estate. The material facts are stated in the opinion. The condition in the deed of May- 29, 1811, may not be interpreted as a covenant.…
1Opinion of the CourtGray, J.
This action arose out of the refusal of the appellant’s testator to complete his agreement to purchase certain lots of land in the city of Mew York.
Their sale had been at public auction and, by its terms, an indisputable title • was- offered to purchasers. Weil, the appellant’s testator, refused to accept the deed which was tendered to him, on the ground that by the provisions of a ■former deed, on record, and through which the title of the vendors was derived, the property, of which these lots were part, was subject to the operation of a condition subsequent, to wit, a condition that no part…
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