Walter v. De Graaf
The Superior Court of New York City
Trial by the court without a jury. Richard Walter brought this action against Henry P. De Graaf, and Ida M. Ingersoil, to recover the deposit paid by the plaintiff and his damages, by reason of De Graaf’s breach of a contract of sale of certain premises in the city of New York. The facts found'by tiie court were substantially as follows : On February 14, 1887, plaintiff purchased the premises in question at public auction.
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Trial by the court without a jury. Richard Walter brought this action against Henry P. De Graaf, and Ida M. Ingersoil, to recover the deposit paid by the plaintiff and his damages, by reason of De Graaf’s breach of a contract of sale of certain premises in the city of New York. The facts found'by tiie court were substantially as follows : On February 14, 1887, plaintiff purchased the premises in question at public auction. He paid to the auctioneers a deposit on account of the purchase money, and a contract of sale' was signed by the plaintiff and the auctioneers as the agents for the vendor,…
1Opinion of the CourtO’Gorman, J.
The facts of this ease sufficiently appear in the findings.
On Eebrnary 14, 1887, the day of the auction sale of the lots purchased by the plaintiff, the defendant De Graaf was the owner, in fee, by virtue of a deed from James li. Inger*409sol] and Ida, his wife, whereby the absolute and exclusive title in fee was vested in De Graaf. This was a warranty deed with full covenants, setting forth a consideration of §40,000, and dated and duly recorded on October 27, 188G. De Graaf continued to be the owner of record under this deed until March 1, 1887—sixteen days after the auction sale and the…
2Cases cited7 opinions
- Barlow v. . ScottNew York Court of Appeals · 1861
- Bigler v. . MorganNew York Court of Appeals · 1879
- Ingersoll v. . MangamNew York Court of Appeals · 1881
- Carleton v. . CarletonNew York Court of Appeals · 1881
- Kennedy v. New York Life Insurance & Trust Co.New York Court of Appeals · 1886
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Thompson v. ThompsonDistrict of Columbia Court of Appeals · 1910
- Noethinger v. JeffriesNew York Supreme Court · 1919
- Ver Planck v. GodfreyNew York Supreme Court · 1900