Davis v. William Rosenzweig Realty Operating Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 12, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 12, 1907, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to rescind a contract for the purchase of ten vacant lots in the borough of Manhattan on account of fraud practiced hy the vendor upon the vendee, to recover the sum of $5,000 paid down thereon and to establish and foreclose a lien on the land therefor. The defendant in its answer denied that it made the alleged representations and pleaded…
1Opinion of the CourtVann, J.
In the case of Elterman v. Hyman, decided herewith, we held that a vendee of land under an executory contract for the purchase thereof, has a lien on the land for the amount paid pursuant to the contract; that when the vendee is without fault and the vendor cannot give good title, the former may sue in equity for a foreclosure of his lien and that the commencement of such an action is not a rescission of the contract but an affirmance thereof to secure a right given thereby and by payment pursuant to its terms. (Elterman v. Hyman, 192 N. Y. 125.)
In that ease no rescission was alleged or…
2Cases cited6 opinions
- Vail v. . ReynoldsNew York Court of Appeals · 1890
- Elterman v. . HymanNew York Court of Appeals · 1908
- Allerton v. . AllertonNew York Court of Appeals · 1872
- Baily v. . HornthalNew York Court of Appeals · 1898
- Occidental Realty Co. v. PalmerAppellate Division of the Supreme Court of the State of New York · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Schank v. . SchuchmanNew York Court of Appeals · 1914
- Jackson v. Mishkin (In Re Adler, Coleman Clearing Corp.)District Court, S.D. New York · 2001
- Ratchford v. Cayuga County Cold Storage & Warehouse Co.New York Court of Appeals · 1916
- Weigel v. . CookNew York Court of Appeals · 1923
- Witte v. HobolthMichigan Supreme Court · 1923
38 more not listed; retrieve them via the Exa API.