Washburn v. . Burnham
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon the decision of the court at Special Term. This action was brought to cancel an alleged contract for the sale of certain premises in the city of Yonkers as a cloud upon plaintiff’s title thereto.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon the decision of the court at Special Term. This action was brought to cancel an alleged contract for the sale of certain premises in the city of Yonkers as a cloud upon plaintiff’s title thereto. The complaint alleged, in substance, that plaintiff was the owner in fee of the premises; that one S. C. Lusk assuming to act as agent for Peter E. Radcliff, plaintiff’s grantor, while he owned the premises did, without authority, execute a contract…
1Opinion of the CourtMiller, J.
The plaintiff’s claim for relief in this action is based substantially upon a contract for the sale of real estate now owned by him, executed by persons purporting to act as the attorneys of the then owner who was the plaintiff’s grantor, and recorded in the county clerk’s office, which contract it is alleged is an apparent cloud upon plaintiff’s title to said land for the reason that the persons claiming to act in the capacity of attorneys were utterly unauthorized by the owner, and the instrument is not in fact his act and contract. There is no apparent authority in the instrument itself,…
2Cases cited3 opinions
- Scott v. . OnderdonkNew York Court of Appeals · 1856
- Marsh v. . City of BrooklynNew York Court of Appeals · 1874
- Boyd v. . SchlesingerNew York Court of Appeals · 1874
3Cited by10 opinions
- Rector of St. Stephen's Protestant Episcopal Church v. Rector of the Church of the TransfigurationNew York Court of Appeals · 1911
- Davison v. MacDonaldNew York Supreme Court · 1925
- Fischer v. GinzburgAppellate Division of the Supreme Court of the State of New York · 1920
- Stokes v. HoughtonAppellate Division of the Supreme Court of the State of New York · 1897
- Colline Real Estate & Building Ass'n v. JohnsonSupreme Court of Missouri · 1894
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