Legal Opinion

Bardes v. Herman

New York Supreme Court

Decided February 15, 1909PublishedCited by 3 opinions

Action for specific performance of a contract for the sale of land.

1Opinion of the CourtBlackmar, J.

This is an action for specific performance brought by the vendor against the vendee under a contract for the sale of land on Staten Island. The only question litigated was whether the plaintiff’s title was marketable. The plaintiff proved a chain of title from the ¡¡Norwood patent of 1676, hut the defendant objected that the ¡¡Norwood patent did not convey the tideway or foreshore; that a part of such tideway was included in the property in question, or at least not excluded by plaintiff’s proof, and that, therefore, the title was not marketable.

The case was tried in June and has been…

2Cases cited9 opinions

  1. Shively v. BowlbySupreme Court of the United States · 1894
  2. Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
  3. People v. New York & Staten Island Ferry Co.New York Court of Appeals · 1877
  4. Williams v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887
  5. Mayor, Etc., of City of N.Y. v. . HartNew York Court of Appeals · 1884

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3Cited by3 opinions

  1. Oelsner v. Nassau Light & Power Co.Appellate Division of the Supreme Court of the State of New York · 1909
  2. Nevins v. FriedauerAppellate Division of the Supreme Court of the State of New York · 1921
  3. Somerville v. City of New YorkNew York Supreme Court · 1915

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