Weinstock v. Levison
New York Supreme Court
Action by Weinstock against Levison and others for earnest money paid defendants on a contract for the sale of real estate, and for expenses incurred in the examination of title, which was rejected by plaintiff’s counsel because not marketable.
1Opinion of the CourtO’Brien, J.
Moore v. Williams, 115 N. Y. 592, 22 N. E. Rep. 233, holds that the “right to an indisputable title, clear of defects and incumbrances, does not depend upon the agreement of the parties, but is given by the law. Within the meaning of this rule * * * a good title means not merely a title valid, in fact, but a marketable title, which can again be sold to a reasonable purchaser, or mortgaged to a person of reasonable prudence.” It remains to be considered, in the light of this and kindred decisions, whether the title tendered and rejected was such that a “reasonable purchaser or a person of…
2Cases cited2 opinions
- Railway Co. v. McCarthySupreme Court of the United States · 1878
- Moore v. . WilliamsNew York Court of Appeals · 1889
3Cited by2 opinions
- Dormitzer v. German Savings & Loan SocietyWashington Supreme Court · 1900
- Kendall v. KendallAppellate Division of the Supreme Court of the State of New York · 1922