Maas v. Morgenthaler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Frederick Morgenthaler- and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 6th day of April, 1909, upon the decision of the court rendered after a trial at the Queens County Special Term.
1Opinion of the Court
Jenks, J.:
This is an ^appeal by the defendants from a judgment of the Special Term that decrees specific performance of a contract of the defendant Morgenthaler to convey real estate and that sets aside his conveyance thereof to the other defendant. The judgment is *360warranted by the facts found, and the exceptions to the rulings of the court- are not of moment. The appellants make objection in this court for the first time that the court could not decree specific performance because the contract of sale was executed by the owner of the premises alone, and yet he had a wife. His wife was not a…
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- Roos v. LockwoodNew York Supreme Court · 1891
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