Lese v. . Lamprecht
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 25,1908, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 25,1908, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. As it was not expressly stipulated in the contract that time was of its essence; as the subject of the sale did not fluctuate in value, and there had been no change of circumstances, and the delay, if any, did not involve the vendor in any loss, and every act of the vendee was…
1Opinion of the CourtChase, J.
This action is brought to compel the specific performance of a written contract made by the defendant’s testator in Iris lifetime with the plaintiff by which he agreed at a place and on a day and hour therein named to convey to the, plaintiff a certain piece of real property for the consideration of $7,500. The contract provided that the plaintiff should pay Five Hundred Dollars on the execution of this (said) agreement * * * Seven Thousand Dollars in cash on the delivery of the deed * * "x"” and said testator agreed upon receiving" such payment to deliver to the plaintiff “ A full covenant…
2Cases cited8 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Stowell v. . Greenwich Ins. Co.New York Court of Appeals · 1900
- Brantingham v. . HuffNew York Court of Appeals · 1903
- Corse v. . PeckNew York Court of Appeals · 1886
- House v. . WalchNew York Court of Appeals · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Imperator Realty Co. v. . TullNew York Court of Appeals · 1920
- Higgs v. De MaziroffNew York Court of Appeals · 1934
- Pryor v. . City of BuffaloNew York Court of Appeals · 1909
- Lusker v. TannenAppellate Division of the Supreme Court of the State of New York · 1982
- Ross v. Florida Sun Life Insurance CompanyDistrict Court of Appeal of Florida · 1960
25 more not listed; retrieve them via the Exa API.