Forsyth v. Leslie
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Edgar A. Forsyth, from a judgment of the Supreme Court in favor of the defendant, entered in the office: of the clerk of the county of Erie on the 3d day of October, 1901, upon the decision of the court rendered after a trial at the Erie Special Term.
Read the full summary
Appeal by the plaintiff, Edgar A. Forsyth, from a judgment of the Supreme Court in favor of the defendant, entered in the office: of the clerk of the county of Erie on the 3d day of October, 1901, upon the decision of the court rendered after a trial at the Erie Special Term. This action was brought to compel the specific performance of' a written contract for the exchange of certain lands, entered into between the parties on the 20th day of December, 1899, which contract was in two parts and is as follows, viz.: “Agreement and Offer to Exchange. “ For a good and valuable consideration,, to…
1Opinion of the Court
Adams, P. J.:
Upon certain facts found by the learned trial justice the conclusions were reached that the descriptions of the premises embraced in the contract were so vague and uncertain as to render a convey- ■ anee thereof void and of no effect; that at the time specified in the contract for its performance, viz., January 31,1900, the plaintiff did not have a good marketable title to the premises, which, by the-, terms of the contract, he had agreed to convey; that he failed to furnish to the defendant the requisite tax and title searches of such property, and that he did not and could not…
2Cases cited7 opinions
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Haberman v. . BakerNew York Court of Appeals · 1891
- Belmont v. . O'BrienNew York Court of Appeals · 1855
- Ferry v. . SampsonNew York Court of Appeals · 1889
- Hamershlag v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1901
2 more not listed; retrieve them via the Exa API.