Keating v. Gunther
New York Supreme Court
Appeal from special term, Orange county. Action by Catharine Keating against Jacob Gunther to enforce the specific performance of a contract for the sale of land. Judgment for. plaintiff compelling defendant to accept the title, and defendant appeals. The opinion of the special term, referred to, is as follows:
1Opinion of the CourtPratt, J.
This is an equity action praying for a specific performance of a contract for the sale of real estate in the county of Orange. Various defenses are interposed; but the trial judge has found, upon sufficient evidence, that there is no merit in the defense, and has written an opinion that covers the whole case. It is evident from a careful perusal of the testimony that the defendant did not intend in good faith to carry out his contract on the day specified for passing the title, and that he resorted to all means in his power to defeat the rights of the plaintiff under the contract. He claims…
2Cases cited1 opinion
- Smyth v. . SturgesNew York Court of Appeals · 1888
3Cited by3 opinions
- Riley v. MillerSouth Dakota Supreme Court · 1922
- Merges v. RinglerAppellate Division of the Supreme Court of the State of New York · 1898
- Merges v. RinglerAppellate Division of the Supreme Court of the State of New York · 1898