Bigler v. . Morgan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover damages for the alleged breach by defendant of a contract between the parties.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to recover damages for the alleged breach by defendant of a contract between the parties. By this contract defendant covenanted to convey to the plaintiff, “ by the usual full covenant deed for that purpose,” a lease of certain premises in the city of Mew York, with the entire interest of defendant in the premises, “ the said property to be clear and free of all incumbrances, except a mortgage…
1Opinion of the CourtRapallo, J.
We think that the objection taken by the plaintiff to the defendant’s title was well founded. 'The contract between William D. Mann and Mrs. Sturgis entitled o her to a portion of the rent to be derived from the property and the improvements thereon, and was an incumbrance on the property in the hands of those who received it subject to that agreement. 'The existence of this incumbrance and the refusal or inability of the defendant to remove it, constituted a breach on his part of the contract of exchange, which entitled the plaintiff to maintain this action on showing that he was ready and…
2Cases cited6 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Morange v. MorrisNew York Court of Appeals · 1866
- Traver v. HalstedNew York Supreme Court · 1840
- Cockcroft v. New York & Harlem RailroadNew York Court of Appeals · 1877
- Hinckley v. . SmithNew York Court of Appeals · 1872
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3Cited by57 opinions
- Strasbourger v. . LeerburgerNew York Court of Appeals · 1922
- Ziehen v. . SmithNew York Court of Appeals · 1896
- Pesa v. Yoma Development Group, Inc.New York Court of Appeals · 2012
- State Ex Rel. Otto v. FieldNew Mexico Supreme Court · 1925
- Northridge v. . MooreNew York Court of Appeals · 1890
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