Margraf v. . Muir
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee and granting a new trial. This action was against the vendor for specific performance of a contract to convey a lot of land, situate in Westchester county, and for damages for breach of the contract in case it could not be specifically performed.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff, entered upon the report of a referee and granting a new trial. This action was against the vendor for specific performance of a contract to convey a lot of land, situate in Westchester county, and for damages for breach of the contract in case it could not be specifically performed. The defendant is the widow of Alexander Muir, who died intestate in 1858, seized of a lot of land in Westchester county. He left six children, three of whom were yet minors, •…
1Opinion of the Court
Earl, C.
This was an unconscionable contract and could not be specifically enforced on the ground of the inadequacy of-the consideration. The plaintiff lived near the lot and knew its value. The defendant lived at a distance and did not know; its value. While the plaintiff did not make any misrepresentations, he concealed his knowledge of the recent rise in value of the lot and took advantage of her ignorance, and thus, got from her a contract to convey to him the lot for but a little more than one-third of its value. Such a contract, it is believed, has never yet been enforced in a court of…
2Cases cited4 opinions
- Mack v. . PatchinNew York Court of Appeals · 1870
- Barlow v. . ScottNew York Court of Appeals · 1861
- Seymour v. DelancyNew York Supreme Court · 1824
- Franklin v. OsgoodCourt for the Trial of Impeachments and Correction of Errors · 1817
3Cited by53 opinions
- Winne v. . WinneNew York Court of Appeals · 1901
- Heller v. . CohenNew York Court of Appeals · 1897
- Hurd v. AlbertCalifornia Supreme Court · 1931
- Saperstein v. Mechanics & Farmers Savings BankNew York Court of Appeals · 1920
- McPherson v. . SchadeNew York Court of Appeals · 1896
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