Hinckley v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial district, affirming a judgment of the Special Term dismissing the complaint. The action was brought for the specific performance of a contract between the plaintiff and defendant for the sale of a tavern stand and about an acre of land, situate at Wills-borough, Essex county.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial district, affirming a judgment of the Special Term dismissing the complaint. The action was brought for the specific performance of a contract between the plaintiff and defendant for the sale of a tavern stand and about an acre of land, situate at Wills-borough, Essex county. The defendant, by her answer, alleged her coverture, and that the premises were subject to mortgage incumbrances amounting to $3,000. The contract provided for the sale of the premises by plaintiff to defendant, free of incumbrance, for…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Were the coverture of Mrs. Smith the only defence, I think a specific performance of the contract should be adjudged. (Ballin v. Dillaye, 37 N.Y., 35.)
But I do not propose to discuss that question, as the judgment must be affirmed on account of a want of proper performance or apparent ability to perform the contract on the part of the plaintiff.
The persons who held mortgages, upon the property contracted to be sold, neither released nor came under any legal…
2Cases cited1 opinion
- Ballin v. . DillayeNew York Court of Appeals · 1867
3Cited by15 opinions
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Bigler v. . MorganNew York Court of Appeals · 1879
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Guild v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1896
- Williams v. County Court of Grant Co.West Virginia Supreme Court · 1885
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