Legal Opinion · Dissent

Gotthelf v. Stranahan

New York City Court

Decided May 27, 1892Published

Appeal from special term. Action by Charles Gotthelf against James S. T. Stranahan to compel specific performance of a contract for the sale of lands. From a judgment for plaintiff, defendant appeals.

1Dissent

Clement, C. J.,

(dissenting.) On the 7th day of January, 1891, the appellant agreed in writing to sell to one Bobinson a large plot of land located in the Twelfth ward of this city, for the price of $22,5Q0, and the deed was to bedelivered on February9, 1891. Subsequently Bobinson assigned his interest in the contract to the respondent. At the date of the execution of the contract—January 7th—there were on said premises 32 buildings, owned by the occupants, who came and went without permission of the owner. Before tile time fixed for closing, counsel who examined the title requested an…

2Cases cited6 opinions

  1. Stevens v. CooperNew York Court of Chancery · 1815
  2. Simmons v. . CloonanNew York Court of Appeals · 1880
  3. Lathers v. . KeoghNew York Court of Appeals · 1888
  4. Dowdney v. . Mayor, Etc., N.Y. CityNew York Court of Appeals · 1873
  5. Bayeaux v. BayeauxNew York Court of Chancery · 1840

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