Moser v. Cochrane
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the verdict of a jury rendered by direction of the court. The action was brought to recover money which had been paid by plaintiff to defendant on a contract for the sale and conveyance by defendant to plaintiff of certain real property, the deed for which, when tendered, plaintiff refused to accept.
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Appeal from a judgment of this court entered upon the verdict of a jury rendered by direction of the court. The action was brought to recover money which had been paid by plaintiff to defendant on a contract for the sale and conveyance by defendant to plaintiff of certain real property, the deed for which, when tendered, plaintiff refused to accept. His reasons for such refusal were stated in the complaint, as follows : “ First.—That the said property was part of the estate of James Cochrane at the time of his death who died intestate on or about the 28th day of December, 1880, as the…
1Opinion of the CourtVan Hoesen, J.
A purchaser„ cannot reject a title merely because of a speculative possibility that at some future time it may be discovered to be defective. He must take the title he has bargained for unless there be a reasonable doubt as to its validity. That reasonable doubt must arise upon facts that appear upon the trial; audit cannot be said that the doubt is reasonable if its only foundation is a hypothetical state of affairs—a state of affairs the existence of which is unproved by any evidence whatsoever. This is the rule laid down as well in the text books as in the decisions.
Applying the rule to…
2Cases cited3 opinions
- Hayes v. Harmony Grove CemeteryMassachusetts Supreme Judicial Court · 1871
- Spring v. SandfordNew York Court of Chancery · 1839
- Schermerhorn v. NibloThe Superior Court of New York City · 1857
3Cited by3 opinions
- Keitel v. ZimmermannNew York Supreme Court · 1897
- Moser v. CochraneNew York Court of Common Pleas · 1885
- Toole v. TooleNew York Court of Appeals · 1889