Legal Opinion

Worrall v. . Munn

New York Court of Appeals

Decided September 23, 1873PublishedCited by 21 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to compel the specific performance of an agreement between plaintiff and David H. Pratt for the sale of certain premises situate in Rockland county by the latter to the former.

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon the report of a referee. This action was brought to compel the specific performance of an agreement between plaintiff and David H. Pratt for the sale of certain premises situate in Rockland county by the latter to the former. Defendant with knowledge of the contract purchased the premises and received a conveyance thereof from Pratt. The case has been twice before in this court. The decision upon the first appeal is reported in 5 N. Y., 229,…

1Opinion of the CourtAndrews, J.

The judgment rendered by this court in this case, in March, 1868 (38 N. Y., 138), reversing the judgment of the Supreme Court and remitting the cause to that court for the reassessment of the plaintiff’s damages, declared with great distinctness the basis upon which the court should proceed in making the assessment. The court was directed to allow the interest on the purchase-money paid by the plaintiff from the time of the payment to the time "he was let into possession of the premises in 1859, together with simple interest on each annual payment of interest from the termination of the year…

2Cases cited1 opinion

  1. Mooers v. WaitNew York Supreme Court · 1829

3Cited by21 opinions

  1. Lightner Mining Co. v. LaneCalifornia Supreme Court · 1911
  2. Worrall v. . MunnNew York Court of Appeals · 1851
  3. Madison Avenue Baptist Church v. Baptist Church in Oliver StreetNew York Court of Appeals · 1878
  4. Merchants' Bank v. . ThomsonNew York Court of Appeals · 1873
  5. Laurin v. DeCarolis Construction Co., Inc.Massachusetts Supreme Judicial Court · 1977

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