Ruess v. Ewen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jacob Ruess, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the. clerk of the county of New York on the 29th day of March, 1898, upon the report of a referee directing the dismissal of his complaint.
1Opinion of the Court
McLaughlin, J.:
In 1894 the plaintiff and the defendant entered into a contract for the purchase and sale of certain real estate in the city of Few York, •and at the time of the execution of the contract the plaintiff paid to apply thereon the sum of $500, and he thereafter expended $300 in searching the title.' At the time fixed for the final closing of the •contract the plaintiff refused to accept a deed or pay. the balance of the purchase money upon the ground that the defendant did not have a marketable title, and he then demanded a return of the money-theretofore paid and the expenses…
2Cases cited7 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Heller v. . CohenNew York Court of Appeals · 1897
- Irving v. . CampbellNew York Court of Appeals · 1890
- McPherson v. . SchadeNew York Court of Appeals · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Howe v. CoatesSupreme Court of Minnesota · 1906
- Campbell v. HarshSupreme Court of Oklahoma · 1912
- Gorman v. GormanAppellate Division of the Supreme Court of the State of New York · 1899
- In re the Real Estate of DonaghyOrphan's Court of Delaware · 1911
- Pell v. PellAppellate Division of the Supreme Court of the State of New York · 1901
1 more not listed; retrieve them via the Exa API.