Schmidt v. . Reed
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of ISTew York, entered upon an order made the first Monday of April, 1890, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at.Special Term.
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Appeal from judgment of the General Term of the Superior Court of the city of ISTew York, entered upon an order made the first Monday of April, 1890, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at.Special Term. The action was founded upon the alleged default of the •defendants in performance of a contract made by them to sell and convey to him certain premises in the city of New York; and plaintiff asked to recover a sum advanced by him to the defendants upon such contract, also certain expenses incurred by him in examining the title to the…
1Opinion of the CourtBradley, J.
At the time stipulated by the contract for its performance the parties came together. The plaintiff was ready to complete the purchase and the defendants had prepared a deed which they proposed to deliver. The plaintiff declined to accept it because he had learned that the time for the maturity of the mortgage, subject to which the title was to be conveyed, was two years earlier than it was represented to be by the contract. This was a mistake of the defendants without fraud or purpose on their part to deceive the plaintiff. The effect of this provision of the contract was that the payment of…
2Cases cited4 opinions
- Merchants' Bank v. . ThomsonNew York Court of Appeals · 1873
- Myers v. . De MierNew York Court of Appeals · 1873
- Hubbell v. . Von SchoeningNew York Court of Appeals · 1872
- Edgerton v. PeckhamNew York Court of Chancery · 1844
3Cited by53 opinions
- Taylor v. . GoeletNew York Court of Appeals · 1913
- Ballen v. PotterNew York Court of Appeals · 1929
- Helgar Corporation v. . Warner's FeaturesNew York Court of Appeals · 1918
- Groesbeck v. . MorganNew York Court of Appeals · 1912
- Lusker v. TannenAppellate Division of the Supreme Court of the State of New York · 1982
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