Burke v. Kaltenbach
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Hooker, J.:
The plaintiff agreed to sell and the defendant to buy certain real estate; the premises were to be conveyed by a full covenant warranty deed conveying to tbe defendant the absolute fee of the said premises, free from all incumbrances. At the date of the making of the said agreement, and ever since then, the plaintiff has been and still is the sole owner in fee simple by good and sufficient title of the said premises, subject only to tbe alleged defect of the title hereinafter mentioned, which the defendant urges is sufficient to excuse him from the completion of his contract. In…
2Cases cited5 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- Lazier v. . WestcottNew York Court of Appeals · 1862
- Bosworth v. . VandewalkerNew York Court of Appeals · 1873
- Maples v. . MacKeyNew York Court of Appeals · 1882