Bensel v. Gray
The Superior Court of New York City
Two appeals from judgments. The first entitled action was to compel the specific performance of a contract between the parties, wherein the plaintiffs agreed to sell and assign to the defendant, “ two indentures of leases made by the corporation of the city of New York of certain premises therein described.” The second entitled action was to cancel the agreement, and have the said leases declared void.
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Two appeals from judgments. The first entitled action was to compel the specific performance of a contract between the parties, wherein the plaintiffs agreed to sell and assign to the defendant, “ two indentures of leases made by the corporation of the city of New York of certain premises therein described.” The second entitled action was to cancel the agreement, and have the said leases declared void. The actions were tried together at special term, without a jury. ' The judge found the facts, which were to the effect that the leases were upon a tax sale. That under the agreement, the…
1Opinion of the Court
By the Court,—Monell, Ch. J.
The contract which was the foundation of these actions, was for the sale of two certain leases, made by the corporation of the city of New York, of a lot of land which had been sold for unpaid taxes ; ahd were described in the contract as bearing date, one in October, 1846, and the other in November, 1859 ; and the questions which arise upon these appeals must be determined chiefly, by the con - struction and legal effect which is to be given to the contract, and the obligations of the parties under it.
The contract contains no express covenant that the title under…
2Cases cited2 opinions
- Wilklow v. LaneNew York Supreme Court · 1862
- Hoyt v. DillonNew York Supreme Court · 1855