Legal Opinion

Home Trust Co. v. Bauchens

Appellate Division of the Supreme Court of the State of New York

Decided June 7, 1912Published

Appeal by the defendant, the Yonkers-Garden City Realty Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 26th day of Hay, 1911, upon the decision of the court rendered after a trial at the Nassau Special Term.

1Opinion of the Court

Thomas, J.:

The Jackson Brothers Realty Company, by instrument dated January 5, 1909, agreed to sell certain land to the Yonkers-Garden City Realty Company for $182,360, payable by assuming the mortgage of $92,360 and by paying $46,000, whereof *417receipt is acknowledged, and $45,000 upon closing on May tenth. On February 4, 1909, the Canadian Realty Company agreed to convey the land to the Jackson Realty Company for $136,770. By deed dated May tenth and acknowledged July twentieth and recorded August 6, 1909, the Canadian Realty Company, for an expressed consideration of $100, conveyed the land…

2Cases cited3 opinions

  1. Freeman v. . AuldNew York Court of Appeals · 1870
  2. Midwood Park Co. v. BakerNew York Supreme Court · 1910
  3. Midwood Park Co. v. BakerAppellate Division of the Supreme Court of the State of New York · 1911

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