Salisbury v. Ryon
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
O’Brien, J.:
The plaintiffs, as executors of Henry E. Salisbury, demand the specific performance of a contract by which the defendant agreed to purchase of them certain real estate. The defendant claims that the plaintiffs cannot convey a marketable title thereto, because no-power of sale is given them as executors under the will, and he demands the return of the amount paid by him on the purchase; price of $3,000 and the expenses of searching the title.
The sole question,- therefore, presented by the submission is; whether the plaintiffs can convey a marketable title, and this depends on the…
2Cases cited5 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Greenblatt v. . HermannNew York Court of Appeals · 1894
- Cahill v. . RussellNew York Court of Appeals · 1893
- Felix v. DevlinAppellate Division of the Supreme Court of the State of New York · 1904
- Livingston v. MurrayThe Superior Court of New York City · 1869
3Cited by6 opinions
- Empire Realty Corp. v. SayreAppellate Division of the Supreme Court of the State of New York · 1905
- Remsen v. WingertAppellate Division of the Supreme Court of the State of New York · 1906
- Lowenfeld v. DitchettAppellate Division of the Supreme Court of the State of New York · 1906
- Cook v. SackettAppellate Division of the Supreme Court of the State of New York · 1905
- Friedbar Realty Corp. v. SanfordNew York Supreme Court · 1922
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