Benson v. . Corbin
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 May 14, 1894, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought to enforce the specific performance by the defendants Austin Corbin and Charles M. Pratt of a contract to purchase from plaintiffs certain real estate situated upon Montauk Point in the county of Suffolk.
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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 May 14, 1894, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. This action was brought to enforce the specific performance by the defendants Austin Corbin and Charles M. Pratt of a contract to purchase from plaintiffs certain real estate situated upon Montauk Point in the county of Suffolk. Said defendants refused to complete their purchase on the ground that plaintiffs were unable to convey a good and…
1Opinion of the CourtFinch, J.
The only question presented by this appeal arises upon the construction of the will of Arthur W. Benson, and comes to us as the decisive inquiry in an action to compel the defendants, Corbin and Pratt, to specifically perform a contract for.the purchase of land. The point of dispute is over the title proffered by the vendors; concededly good if their construction of the will shall prevail, but not to be forced upon the vendees if their view of the title shall prove to be correct.
By the ninth clause of that will the testator devised to his son Frank and his daughter Mary his house in Brooklyn…
2Cases cited2 opinions
- Vanderzee v. SlingerlandNew York Court of Appeals · 1886
- Washbon v. . CopeNew York Court of Appeals · 1895
3Cited by49 opinions
- Baer v. HendricksNew York Court of Appeals · 1895
- Meacham v. GrahamTennessee Supreme Court · 1897
- McNutt v. McCombSupreme Court of Kansas · 1899
- Banzer v. . BanzerNew York Court of Appeals · 1898
- Holt v. WilsonSupreme Court of Kansas · 1910
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