Murphy v. . Shea
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made May 8, 1893, which affirmed a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Special Term. This was an action for the specific performance of a contract for the purchase of land. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made May 8, 1893, which affirmed a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Special Term. This was an action for the specific performance of a contract for the purchase of land. The facts, so far as material, are stated in the opinion. The court can acquire jurisdiction over an infant only by a service of summons. Personal service of a summons on a minor under fourteen years of age must be made by delivering a copy to…
1Opinion of the CourtPeckham, J.
The plaintiff and defendant entered into an agreement by which the defendant agreed to sell and convey to the plaintiff certain real estate in New York city upon payment of a certain price. The plaintiff in his complaint alleges that he was ready at the appointed time to carry out his part of the agreement by paying the agreed-upon price, but the defendant neglected and refused to fulfill by conveying the fee of the premises, as there was an outstanding interest in the premises, or some portion thereof, which the defendant did not by his tendered deed convey. The plaintiff had paid five…
2Cited by6 opinions
- Adams v. BellCalifornia Supreme Court · 1933
- Steinhardt v. BakerNew York Supreme Court · 1897
- Steinhardt v. BakerAppellate Division of the Supreme Court of the State of New York · 1898
- Stuyvesant v. WeilNew York Supreme Court · 1899
- O'Connor v. FelixNew York Supreme Court · 1895
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