Sohns v. . Beavis
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 29, 1909, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial. The action was brought to recover earnest money paid down upon a sale of real estate at auction, as well as expenses incurred in examining the title.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 29, 1909, reversing a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term and granting a new trial. The action was brought to recover earnest money paid down upon a sale of real estate at auction, as well as expenses incurred in examining the title. The plaintiff rejected the deed tendered on the adjourned law day on account of the following covenant appearing therein immediately after the description: “ Subject…
1Opinion of the CourtVann, J.
We agree with the learned Appellate Division that a sale of land in the haste and confusion of an auction room is not governed by the strict rules applicable to formal contracts made with deliberation after ample opportunity to investigate and inquire. When the plaintiff was required to sign the terms of sale or lose the benefit of his bid, he could not ascertain the extent of the restrictions relating to buildings which then came to his notice for the first time. While he then learned that there were building restrictions he did not know their nature and lie was told by the clerk to whom he…
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