Beaumont Construction Co. v. Higdon Elevator Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Beaumont Construction Co., Inc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 6th day of March, 1922, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Smith, J.:
The action is for specific performance brought by the seller against the purchaser of real estate. The answer is to the effect that the title is not marketable or free from reasonable doubt in that there is, or may be, an outstanding estate in fee simple to the whole or some part of said premises. The defendant asks not only that the complaint be dismissed, but that it have judgment against the plaintiff for its expenses in examining the title, which relief has been awarded to the defendant under the judgment appealed from.
The sole question for determination is as to whether the…
2Cases cited8 opinions
- Stuyvesant v. . WeilNew York Court of Appeals · 1901
- Atkins v. KinnanNew York Supreme Court · 1838
- Battell v. . TorreyNew York Court of Appeals · 1875
- Stuyvesant v. WeilAppellate Division of the Supreme Court of the State of New York · 1899
- Cole v. . GourlayNew York Court of Appeals · 1880
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3Cited by2 opinions
- Seitz Estates, Inc. v. SeitzAppellate Division of the Supreme Court of the State of New York · 1929
- Brooklyn Trust Co. v. LibonatiAppellate Division of the Supreme Court of the State of New York · 1938