Grace v. Bowden
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Patrick J. Grace, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 24th day of March, 1896, upon the verdict of a jury rendered by direction of the court after a trial at a Trial Term of the Supreme Court held in and for the county of Kings, and also from an order entered in said clerk’s office on the 1st day of April, 1896, denying the plaintiff’s motion for a new trial…
Read the full summary
Appeal by the plaintiff, Patrick J. Grace, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 24th day of March, 1896, upon the verdict of a jury rendered by direction of the court after a trial at a Trial Term of the Supreme Court held in and for the county of Kings, and also from an order entered in said clerk’s office on the 1st day of April, 1896, denying the plaintiff’s motion for a new trial made upon the minutes. The action was brought to recover for a breach of a contract for the sale of real property, the…
1Opinion of the Court
Willard Bartlett, J.:
The plaintiff rejected the title offered him by the defendant under a contract for the purchase of real estate, and by this action sought to recover $1,000 which he had paid upon the execution of the contract, and $1,000 as liquidated damages for the breach of the agreement.
The objections to the title were not such as to justify the course of the plaintiff in refusing to accept it.
The mere existence of the notice of Us pendens on record in the case of Prentiss v. Bowden (145 N. Y. 342) was not enough to make the title doubtful. The objecting party was bound to go further…
2Cases cited3 opinions
- Hayes v. . NourseNew York Court of Appeals · 1889
- Prentiss v. . BowdenNew York Court of Appeals · 1895
- Simon v. VanderveerNew York Supreme Court · 1895
3Cited by3 opinions
- Baecht v. HevesyAppellate Division of the Supreme Court of the State of New York · 1906
- Sisco v. MartinAppellate Division of the Supreme Court of the State of New York · 1901
- Hayman v. JanikNew York Supreme Court · 1960