Fossume v. . Requa
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 25, 1914, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The plaintiffs seek in this action to recover damages for the failure to carry out a contract to convey real property.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 25, 1914, affirming a judgment in favor of defendant entered upon a verdict directed by the court. The plaintiffs seek in this action to recover damages for the failure to carry out a contract to convey real property. The plaintiffs and James M. Eequa, the defendant’s testator, entered into a contract whereby Eequa agreed to convey to the plaintiffs, for the sum of $56,913.50, a certain farm of 162 acres in the town of Piscataway, Middlesex county, New Jersey. The plaintiffs…
1Opinion of the CourtCuddeback, J.
The provisions of the contract for the execution and delivery of “a good and sufficient deed which shall contain the usual full covenants and warranty for the conveying and assuring to them (plaintiffs) the fee simple of the said premises ” required a conveyance free from incumbrance. (Wallach v. Riverside Bank, 206 N. Y. 434.)
The existence of a public highway over land agreed to be conveyed is not an incumbrance of 'which the buyer may complain. Neither is the existence in the highway of sewers, water mains and gas pipes which are regarded as incidental to the use of the .land for highway…
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- Callanan v. . K., A.C. L.C.R.R. Co.New York Court of Appeals · 1910
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
- Spence v. . HamNew York Court of Appeals · 1900
- Palmer v. . Larchmont Electric Co.New York Court of Appeals · 1899
- Wetmore v. . BruceNew York Court of Appeals · 1890
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- Ansorge v. BelferNew York Court of Appeals · 1928
- Queenin v. BlankMassachusetts Supreme Judicial Court · 1929
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