Mosher v. Davis
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Herkimer county. Action by Menzo Mosher against Alpheus G-. Davis. There was a judgment for defendant, and plaintiff appeals. The action was brought to recover damages for failure of defendant to let plaintiff into possession of the premises described in the complaint, and pursuant to a land contract.
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Appeal from trial term, Herkimer county. Action by Menzo Mosher against Alpheus G-. Davis. There was a judgment for defendant, and plaintiff appeals. The action was brought to recover damages for failure of defendant to let plaintiff into possession of the premises described in the complaint, and pursuant to a land contract. The complaint, in substance, recites the agreement; stating it was to become effective by transfer of possession of the real estate to plaintiff April 1, 1896,—three days after its execution. The defendant admits the execution of the agreement on the date mentioned,…
1Opinion of the CourtSpring, J.
On the 28th day of March, 1896, the parties to this action entered into a written agreement, under seal, whereby the defendant agreed to sell and convey to the plaintiff the lands and premises described therein, for the consideration of $1,200. The agreement produced on the trial, and whjeh was the only one signed by the parties, provided for the completion of the contract by the delivery of the deed, bond, and mortgage, and the giving up of possession, on the 1st day of April, 1897. The plaintiff sought to obtain possession of the property on the 1st day of April, 1896, claiming such was the…
2Cases cited8 opinions
- Hastings v. Brooklyn Life InsuranceNew York Court of Appeals · 1893
- Bagley v. . BoweNew York Court of Appeals · 1887
- Gleason v. . HamiltonNew York Court of Appeals · 1893
- Luhrs v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Waldorf v. SimpsonAppellate Division of the Supreme Court of the State of New York · 1897
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