Simon v. Vanderveer
New York Supreme Court
Vendor and Purchaser—Marketable Title. Plaintiff entered into an agreement with one D., who was to act as his agent in surveying land and laying it out in lots, plaintiff to pay the cost of the survey, etc., and to receive $3,000 per acre and 75 per cent, of the amount realized on sales of lots in excess of the $3,000 per acre and expenses, and D. to receive the balance.
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Vendor and Purchaser—Marketable Title. Plaintiff entered into an agreement with one D., who was to act as his agent in surveying land and laying it out in lots, plaintiff to pay the cost of the survey, etc., and to receive $3,000 per acre and 75 per cent, of the amount realized on sales of lots in excess of the $3,000 per acre and expenses, and D. to receive the balance. Meld, that such agreement did not give D. any title or interest in the land, and therefore plaintiff’s title was marketable, though D. had filed a lis pendens in an action on the agreement.
1Opinion of the CourtBrown, P. J.
The respondents are vendees of real estate in the city of Brooklyn, under five contracts of sale; and this action is against their vendor, to recover the amount paid on the purchase, with interest, together with expenses of the examination of the title. At the close of the testimony, both parties having moved for a direction, the court directed a verdict in favor of the respondents, for the amount claimed. The ground of the action is that the defendant’s title was defective, or sufficiently doubtful to be unmarketable.
The contracts of sale were all executed and bear date in June and July,…
2Cases cited4 opinions
- Shriver v. . ShriverNew York Court of Appeals · 1881
- Greenblatt v. . HermannNew York Court of Appeals · 1894
- Ferry v. . SampsonNew York Court of Appeals · 1889
- Hayes v. . NourseNew York Court of Appeals · 1889
3Cited by1 opinion
- Grace v. BowdenAppellate Division of the Supreme Court of the State of New York · 1896