Murray v. Harbor & Suburban Building & Savings Ass'n
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant,, the. Harbor and Suburban Building and Savings Association, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 3d day of March, 1903, upon the decision of the court, rendered after a trial at the Kings County Special Term, directing the specific performance of a contract for the-sale of real estate.
1Opinion of the Court
Hirschberg, P. J. :
By the written contract'the defendant agreed to convey to the plaintiff certain real estate upon the payment of $800 in installments. In case of default in any of the stipulated payments for a period of thirty days the contract provided for its termination át the option of the defendant, and thereupon all payments previously • *399made by the plaintiff were declared forfeited to the defendant as liquidated damages.
The plaintiff made the required payments at the stipulated periods for about a year after the execution of the contract, and thereafter continued to make such…
2Cases cited4 opinions
- Toplitz v. . BauerNew York Court of Appeals · 1900
- Day v. . HuntNew York Court of Appeals · 1889
- Stevenson v. . MaxwellNew York Court of Appeals · 1849
- Cythe v. La FontainNew York Supreme Court · 1868
3Cited by5 opinions
- Check-Mate Industries, Inc. v. Say AssociatesAppellate Division of the Supreme Court of the State of New York · 1984
- McLear v. BalmatAppellate Division of the Supreme Court of the State of New York · 1921
- Barnett v. SussmanAppellate Division of the Supreme Court of the State of New York · 1907
- Klein v. Capri Equities, Inc.Appellate Division of the Supreme Court of the State of New York · 1961
- Millburn Land Corp. v. StearnsAppellate Division of the Supreme Court of the State of New York · 1942