Todd v. Union Dime Savings Institution
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 31, 1887, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 31, 1887, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. On the 1st day of December, 1885, the parties entered into a contract whereby the defendant agreed to sell to the plaintiff certain premises situated in the city of Hew York, and on receiving payment of the consideration as therein mentioned to execute and deliver to her “ a proper deed, with covenant against grantor’s acts, for the conveying and…
1Opinion of the CourtBradley, J.
The alleged ground upon which this action was brought to recover back the amount of the purchase-money paid by the plaintiff is, that the defendant was not able to convey to her the title to the premises, which it undertook by this contract of sale to convey. The time for the completion of the purchase had arrived before this action was commenced. And if, as alleged, the defendant could not perform the contract on its part, the plaintiff was excused from further performance, and had the right to demand and recover the amount of the purchase-money she had paid to the defendant. (Fletcher v.…
2Cases cited16 opinions
- Taylor v. HarrisonTexas Supreme Court · 1877
- Frost v. BeekmanNew York Court of Chancery · 1814
- Beekman v. FrostNew York Supreme Court · 1820
- Tarbell v. . WestNew York Court of Appeals · 1881
- Mutual Life Ins. Co. of New York v. . DakeNew York Court of Appeals · 1881
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3Cited by11 opinions
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- Strain v. Fitzgerald.Supreme Court of North Carolina · 1902
- Gray v. DelphoAppellate Terms of the Supreme Court of New York · 1916
- Hudson v. WebberSupreme Judicial Court of Maine · 1908
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