Glenn v. . Rossler
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered June 26, 1895, affirming a judgment in fiivor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. . ' While the action as originally commenced included other purposes, it was finally treated simply as an action at law by the vendee of real property to recover the payments of purchase money made to the vendor.
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Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered June 26, 1895, affirming a judgment in fiivor of plaintiff entered upon a verdict, and an order denying a motion for a new trial. . ' While the action as originally commenced included other purposes, it was finally treated simply as an action at law by the vendee of real property to recover the payments of purchase money made to the vendor. The property, which was the subject of the sale, consisted of about one hundred and twenty-five acres of land located in the town of Tonawanda,…
1Opinion of the CourtMartin, J.
That the defendants had no title to the premisés, and were unable to convey them to the plaintiff when a deed was demanded, are undisputed. Whether the covenants in the agreement in suit on one hand to pay, and on the other to give a deed, were concurrent and dependent so far as the payments to be made on the first of October were concerned, or, whether they were independent, and the payment of the entire amount then due was a condition precedent to the right of the plaintiff to a conveyance of the property, or upon default to rescind the contract, is practically the only question iivtliis…
2Cases cited9 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Loud v. Pomona Land & Water Co.Supreme Court of the United States · 1894
- Eddy v. . DavisNew York Court of Appeals · 1889
- Kirtz v. . PeckNew York Court of Appeals · 1889
- Beecher v. . ConradtNew York Court of Appeals · 1855
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Vandegrift v. . Cowles Engineering Co.New York Court of Appeals · 1900
- Ewing v. . WightmanNew York Court of Appeals · 1901
- Alexander v. Equitable Life Assurance SocietyNew York Court of Appeals · 1922
- Silfvast v. AsplundMontana Supreme Court · 1933
- Ink v. RohrigSouth Dakota Supreme Court · 1909
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