Legal Opinion

Dieterlen v. Miller

Appellate Division of the Supreme Court of the State of New York

Decided June 15, 1906PublishedCited by 13 opinions

Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Clarke, J.:

The defendant is the owner of certain premises in the borough of The Bronx, situated on the southeast corner of Travers street and Decatur avenue. She entered into an agreement with the plaintiff, in writing, whereby said defendant agreed to sell, and the said plaintiff agreed to purchase, said premises upon certain terms therein set forth. The defendant agreed to execute, acknowledge and deliver to the said plaintiff a full covenant warranty deed. Neither party claims any default, except that the plaintiff claims that the defendant cannot give a title free from incumbrances by…

2Cases cited4 opinions

  1. Rowland v. . MillerNew York Court of Appeals · 1893
  2. Wetmore v. . BruceNew York Court of Appeals · 1890
  3. Kountze v. . HelmuthNew York Court of Appeals · 1893
  4. Ray v. AdamsAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by13 opinions

  1. Bull v. . BurtonNew York Court of Appeals · 1919
  2. Ritter v. HillSupreme Court of Pennsylvania · 1924
  3. Gallon v. HussarAppellate Division of the Supreme Court of the State of New York · 1916
  4. Standard Sand & Gravel Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1916
  5. McInerney v. SturgisNew York Supreme Court · 1962

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