Gardner v. Dembinsky
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Annie Dembinsky, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of March, 1900, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Hatch, J.:
This action was brought to compel the specific performance of a contract for the sale of land, or in case performance could not be • had, that the plaintiff recover the sum paid '■ upon the contract, together with her costs and expenses. By the judgment it was determined that specific performance could not be had, as the defendant could not convey a good title to the land, and, therefore, *474a recovery was authorized for the sum of money paid out and the expenses as demanded in the complaint, and the same were declared to be a lien upon the premises, and direction was given to satisfy…
2Cases cited8 opinions
- McPherson v. . RollinsNew York Court of Appeals · 1887
- Boerum v. . SchenckNew York Court of Appeals · 1869
- People v. Open Board of Stock Brokers Building Co.New York Court of Appeals · 1883
- Scholle v. . ScholleNew York Court of Appeals · 1886
- Barber v. . CaryNew York Court of Appeals · 1854
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3Cited by1 opinion
- Prentice v. TownsendAppellate Division of the Supreme Court of the State of New York · 1911