Goldman v. Banta
New York Supreme Court
Appeal from special term, New York county. Action by Julius Goldman against John Banta. From a judgment for plaintiff entered on trial by the court without a jury, defendant appeals.
1Opinion of the CourtVan Brunt, P. J.
This action was brought to foreclose a lien for money advanced on the purchase price of land, and also to recover the expenses of searching title. In March, 1880, the defendant contracted to sell to the plaintiff a certain plat of land, and to give an unincumbered title to the premises by full covenant and warranty deed, subject only to a party-wall agreement. One thousand dollars was paid at the time of the signing of the contract, and upon examination, the plaintiff, having ascertained the fact that the title of a portion of the premises came through a sheriff’s deed, and no execution…
2Cases cited2 opinions
- Leland v. . CameronNew York Court of Appeals · 1865
- Goldman v. KennedyNew York Supreme Court · 1888