Bean v. Walker
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Doerr, J.
Presented for our resolution is the question of the relative rights between a vendor and a defaulting vendee under a land purchase contract. Special Term, in granting summary judgment in favor of plaintiffs, effectively held that the defaulting vendee has no rights. We cannot agree.
The facts may be briefly stated. In January, 1973 plaintiffs agreed to sell and defendants agreed to buy a single-family home in Syracuse for the sum of $15,000.1 The contract provided that this sum would be paid over a 15-year period at 5% interest, in monthly installments of *71$118.62.…
2Cases cited28 opinions
- Lawrence v. . MillerNew York Court of Appeals · 1881
- Elterman v. . HymanNew York Court of Appeals · 1908
- Barson v. . MulliganNew York Court of Appeals · 1908
- Williams v. . HaddockNew York Court of Appeals · 1895
- Sewell v. . UnderhillNew York Court of Appeals · 1910
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3Cited by49 opinions
- Polish National Alliance of Brooklyn, U.S.A. v. White Eagle Hall Co.Appellate Division of the Supreme Court of the State of New York · 1983
- Johnson v. PhelanAppellate Division of the Supreme Court of the State of New York · 2001
- Mackiewicz v. J.J. & AssociatesNebraska Supreme Court · 1994
- Lighthouse Bluffs, Corp. v. Atreus Enterprises, Ltd. (In Re Atreus Enterprises, Ltd.)United States Bankruptcy Court, S.D. New York · 1990
- Laroe Estates, Inc. v. Town of ChesterCourt of Appeals for the Second Circuit · 2016
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