Hubbell v. . Von Schoening
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming judgment in favor of defendants entered upon the decision of the court at Special Term. (Eeported below 58 Barb., 498.) The action was brought to compel the specific performance of a contract for the sale of three lots on One Hundred and Twenty-first street in the city of Hew York. Defendants were husband and wife; the property belonged to the wife.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming judgment in favor of defendants entered upon the decision of the court at Special Term. (Eeported below 58 Barb., 498.) The action was brought to compel the specific performance of a contract for the sale of three lots on One Hundred and Twenty-first street in the city of Hew York. Defendants were husband and wife; the property belonged to the wife. By the contract, plaintiff was to pay $1,180 on the 24th day of January, 1868, and was to assume a mortgage upon the premises for the balance…
1Opinion of the CourtAllen, J.
There were no laches on the part of the plaintiff, nor any delay in the assertion of his rights. He has shown himself, in the language of the cases, “ ready, desirous, prompt, and eager” to carry out the contract and have a performance of it. The brief delay of a few hours in making a formal tender of the purchase-money and demanding a conveyance of the property, was explained and excused. He had not, for some reason, completed his searches, and satisfied himself as to the title, and the day before that appointed for the performance of the contract he applied to the attorney of the…
2Cases cited2 opinions
- Duffy v. . O'DonovanNew York Court of Appeals · 1871
- More v. SmedburghNew York Court of Chancery · 1841
3Cited by25 opinions
- Schmidt v. . ReedNew York Court of Appeals · 1892
- Bateman v. . HopkinsSupreme Court of North Carolina · 1911
- Baumann v. . PinckneyNew York Court of Appeals · 1890
- Lusker v. TannenAppellate Division of the Supreme Court of the State of New York · 1982
- Miller v. CoxCalifornia Supreme Court · 1892
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