Carey v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Adelaide Carey, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 11th day of December, 1895, upon the report of a referee.
1Opinion of the Court
Cullen, J.:
The plaintiff entered into a contract with the defendants whereby the defendants were to convey to her a house and lot in New Rochelle for the sum of $4,500, $250 of which the plaintiff paid on the execution of the contract, and the remainder whereof she agreed to pay on the delivery of the deed. The plaintiff was given possession of the premises prior to the time prescribed for passing the title. After occupying the house for some ten days the cellar was flooded from the sewer; thereupon the plaintiff removed from the premises. She claimed to rescind the contract, on the ground…
2Cited by5 opinions
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