Legal Opinion

Dethloff v. Voit

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

Decided April 20, 1916PublishedCited by 3 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

Laughlin, J.:

The defendant was the owner of the land and buildings known as Nos. 194 and 196 Second avenue, borough of Manhattan, New York, and on or about the 2d day of December, 1912, she entered into an agreement in writing for the sale and conveyance thereof to the plaintiff. At the time agreed upon for closing title, she tendered a full covenant warranty deed; but plaintiff refused to take title on account of restrictive covenants to which the title of defendant was subject. The restrictive covenants were contained in a deed forming part of defendant’s chain of title executed by Peter…

2Cases cited11 opinions

  1. Heller v. . CohenNew York Court of Appeals · 1897
  2. McClure v. . LeaycraftNew York Court of Appeals · 1905
  3. Wetmore v. . BruceNew York Court of Appeals · 1890
  4. Zipp v. . BarkerNew York Court of Appeals · 1901
  5. Goodhue v. CameronAppellate Division of the Supreme Court of the State of New York · 1911

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3Cited by3 opinions

  1. Spencer v. MaverickCourt of Appeals of Texas · 1941
  2. Sora v. KellyNew York Supreme Court · 1957
  3. Bull v. BurtonAppellate Division of the Supreme Court of the State of New York · 1917

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