Johnson v. State
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Frederick Johnson and others, as executors, from a judgment of the Court of Claims, entered in the office of the clerk of said court on the 13th day of August, 1918, dismissing their claim.
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Appeal by the plaintiffs, Frederick Johnson and others, as executors, from a judgment of the Court of Claims, entered in the office of the clerk of said court on the 13th day of August, 1918, dismissing their claim. The State owning real estate in The Bronx in 1905, the Commissioners of the Land Office adopted resolutions authorizing the State Engineer and Surveyor to sell the same at the minimum price of $3,404.45 with the addition of the cost of advertising and other expenses of the sale and that the purchaser should “ receive a quitclaim patent upon production of the Treasurer’s receipt in…
1Opinion of the Court
Cochrane, J.:
The rule undoubtedly is that when a vendor agrees in an executory agreement to sell specific real estate there is an implied warranty that the title shall be good and that the same shall be free from incumbrance. But such was not this case. The notice of sale and the terms of sale expressly limited the sale to “ the title of the State of New York in the premises ” and provided that the deed should be merely a quit*35claim deed and that the purchaser was to receive such deed “ upon production of the State Treasurer’s receipt in full payment,” clearly indicating that the full amount…
2Cases cited5 opinions
- Forster v. . ScottNew York Court of Appeals · 1893
- Wallach v. . Riverside BankNew York Court of Appeals · 1912
- Wheeler v. . State of New YorkNew York Court of Appeals · 1907
- Clark v. . PostNew York Court of Appeals · 1889
- People ex rel. Hall v. WoodruffAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by2 opinions
- Lambert v. KrumAppellate Terms of the Supreme Court of New York · 1923
- Andrew D. Baird Holding Corp. v. Burns Bros.Appellate Division of the Supreme Court of the State of New York · 1924