Felix v. Devlin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Peter W. Felix, from a judgment of the Supreme ,Court in favor of the defendants Daniel C. Devlin and' others, entered in the office of the clerk of the county of New York on the 12th day of November, 1902, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the plaintiff’s complaint, and directing the specific performance by Mm of a contract for the purchase of real property.
1Opinion of the Court
O’Brien, J.:
The issue herein was defined by this court upon an appeal .by this same plaintiff which presented another phase;óf the litigation-which has grown up about the property involved, in the following *105language: “ The defendants in their answers admitted the making of the contract, and asked for a specific performance of it as it was made. So that the only question presented was whether the defendants were entitled to have the contract performed precisely as it was made, or whether Felix was entitled to the specific performance of the contract with a diminution of the purchase price by…
2Cases cited4 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Westbrook v. . GleasonNew York Court of Appeals · 1879
- Fort v. BurchNew York Supreme Court · 1849
- Varick's executors v. BriggsCourt for the Trial of Impeachments and Correction of Errors · 1839
3Cited by7 opinions
- Franklin Society for Home Building & Savings v. BennettNew York Court of Appeals · 1939
- Salisbury v. RyonAppellate Division of the Supreme Court of the State of New York · 1905
- Board of Education of Central School District No. 1 v. MilesAppellate Division of the Supreme Court of the State of New York · 1963
- Kielbinski v. SitkoNew York Supreme Court · 1949
- Fawcett v. AndrewsAppellate Division of the Supreme Court of the State of New York · 1922
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