Gignoux v. Stafford
New York Supreme Court
Submission of a controversy upon an agreed statement of facts. The plaintiffs entered into a written agreement with defendant, April 21, 1886, to sell to defendant certain real estate on the southerly side of St. Mark’s avenue, in Brooklyn.
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Submission of a controversy upon an agreed statement of facts. The plaintiffs entered into a written agreement with defendant, April 21, 1886, to sell to defendant certain real estate on the southerly side of St. Mark’s avenue, in Brooklyn. The defendant paid the usual ten per cent, amounting to $180, and sixty dollars auctioneer’s fees, and agreed to pay balance of the purchase-money June 1, 1886, when it was agreed that the plaintiffs should deliver to defendant a deed with the usual full covenants, and free and clear of all incumbrances. June 1, 1886, the deed was duly tendered and the…
1Opinion of the Court
Barnard, P. J.:
The case of Smith v. Long (12 Abb. N. C., 113) has no application to the facts of this case. By the bankrupt act of 1841, chapter 9, sales of property under its provisions were to be “ made at such times and in such manner as shall be ordered and appointed by the court in bankruptcy.” The Court of Appeals held, in a case of public sale, that the bankrupt court must fix the time of the sale. The bankrupt court could, however, authorize a private sale, and in respect to the land in question, did authorize the assignee in bankruptcy to *429sell it at private sale, which, was done. The…
2Cases cited1 opinion
- Smith v. LongNew York Court of Appeals · 1882