Ziehen v. . Smith
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 1, 1893, which affirmed a judgment in favor' of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought by the vendee of real estate against the vendor to recover damages for a breach of contract to convey, and for the return of money paid.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 1, 1893, which affirmed a judgment in favor' of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. This action was brought by the vendee of real estate against the vendor to recover damages for a breach of contract to convey, and for the return of money paid. The facts, so far as material, are stated in the opinion. The mere existence of a lien upon the premises is not sufficient to excuse the vendee from making a…
1Opinion of the CourtO’Brien, J.
The plaintiff, as vendee, under an executory contract for the sale of real estate, has recovered of the defendant, the vendor, damages for a breach of the contract tó convey, to the extent of that part of the purchase money paid at the execution of the contract, and for certain expenses in the examination of the title. The question presented by the record is whether the plaintiff established at the trial such a breach of the contract as entitled him to recover.
By the contract, which bears date August 10th, 1892, the defendant agreed to convey to the plaintiff by good and suf .ficient deed the…
2Cases cited8 opinions
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Bigler v. . MorganNew York Court of Appeals · 1879
- Fuller v. HubbardNew York Supreme Court · 1826
- Hartley v. . JamesNew York Court of Appeals · 1872
- Morange v. MorrisNew York Court of Appeals · 1866
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3Cited by61 opinions
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- Brokaw v. . DuffyNew York Court of Appeals · 1901
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- Kicks v. State BankNorth Dakota Supreme Court · 1904
- State ex rel. Furlong v. McCollSupreme Court of Minnesota · 1914
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