Oppenheimer v. Knepper Realty Co.
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment in favor of the defendant rendered in the Municipal Court of the city of Mew York, seventh district, borough of Manhattan.
1Opinion of the CourtScott, J.
Action to recover deposit on a contract for the sale of real estate and damages for nonfulfillment. The property involved consisted of a lot of land and building on Second avenue. The description in the contract indicated that the northerly wall of the building was a party-wall, but was silent as to the southerly wall. The defendant-agreed to convey the property free from all incumbrances except as stated in the contract. In fact, the southerly wall was a party-wall, existing under two agreements between former owners of the lot in question and the owners of the lot adjoining on the south.…
2Cases cited3 opinions
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Ziehen v. . SmithNew York Court of Appeals · 1896
- O'Neil v. . Van TasselNew York Court of Appeals · 1893
3Cited by6 opinions
- Farley v. SecorAppellate Division of the Supreme Court of the State of New York · 1915
- Eisenhour v. Cities Service Oil Co.Supreme Court of Kansas · 1939
- Driscoll v. CarrollAppellate Division of the Supreme Court of the State of New York · 1908
- Greene v. Barrett, Nephews & Co.New York Supreme Court · 1922
- Maupai v. JacksonNew York Supreme Court · 1909
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