Legal Opinion

Beattie v. Burt

Appellate Division of the Supreme Court of the State of New York

Decided November 29, 1907PublishedCited by 2 opinions

Appeal by the plaintiff, Matthew Beattie, from a judgment of the Supreme Court in favor of. the defendants,, entered in the office of the clerk of the county of Suffolk on the 6th day .of December, 1906, upon the decision of the court, rendered after a trial at the Suffolk Special Term, dismissing the complaint.

1Opinion of the Court

Gaynor, J. :

This is a suit by the purchaser for specific performance of a contract to sell real estate. The complaint alleges that the defendants are man and wife, and that they are the owners in fee oí the land in question, but whether by the entireties or as tenants in common *474is not alleged. The answer dqes not deny this allegation. The complaint alleges that the defendants' made a written contract of sale of the land to the plaintiff, and that they refuse to perform. The allegation of the contract is denied by the answer., The contract when put in evidence .proved,to be by one Do'nnockef…

2Cited by2 opinions

  1. Reilly v. CullinaneCourt of Appeals for the D.C. Circuit · 1923
  2. Davis v. Epoch Producing Corp.New York Supreme Court · 1915

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