Hamerschlag v. Duryea
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Joseph Hamerschlag and others against Oscar Duryea to recover earnest money and expenses paid on a contract for the conveyance of real estate, in which defendant, by counterclaim, alleged performance, and demanded specific performance. From a judgment in favor of defendant on the counterclaim (66 N. Y. Supp. 87), plaintiffs appeal.
1Opinion of the CourtRumsey, J.
On the 16th of October, 1897, the plaintiffs made a
contract with the defendant by which they agreed to buy of him certain premises on the north side of 113th street, in the city of New York. One thousand dollars was paid down at the time of the signing of the contract, and the plaintiffs expended $237.50 in examining the title. As a result of that examination, they refused to perform, although the defendant tendered a deed; and they after-' wards brought this action to recbver the money which they had expended, and the amount of the first payment. The defendant set up a counterclaim in which…
2Cases cited6 opinions
- Cambrelleng v. . PurtonNew York Court of Appeals · 1891
- Sweetland v. . BuellNew York Court of Appeals · 1900
- In re the Trustees of the New York Protestant Episcopal Public SchoolNew York Court of Appeals · 1865
- Dodge v. . GallatinNew York Court of Appeals · 1891
- Faile v. CrawfordAppellate Division of the Supreme Court of the State of New York · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Basch v. United StatesUnited States Court of Claims · 1917