Zweig v. Sweedler
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
McLaughlin, J.:
The parties to this subrmssion entered into a written contract by the terms of which the plaintiff agreed to sell and the defendant to buy, at a time and for a consideration stated, certain real estate in the city of blew York. At the time fixed for the completion of the contract by the delivery of a deed defendant refused to take title on the ground that the same was not marketable. The contract provided, among other things, that defendant was to take title “ subject to all covenants and restrictions contained in former deeds.” On the 2d of December, 1817, one William Wilson…
2Cases cited2 opinions
- Post v. . WeilNew York Court of Appeals · 1889
- Richter v. DistelhurstAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by4 opinions
- Atlantic-Pacific Oil Co. v. Gas Development Co.Montana Supreme Court · 1937
- Self v. BillingsSupreme Court of Georgia · 1913
- Rockwell v. UtzNew York Supreme Court · 1913
- Stillwell v. MorleyNew York Supreme Court · 1965