Harris v. . Shorall
New York Court of Appeals
Appeal from a judgment, entered July 12, 1919, upon an order of the Appellate Division of the Supreme Court in the third judicial department reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and directing a dismissal of the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtPound, J.
This is an action for the specific performance of a contract under seal, dated January 19, 1918, whereby plaintiff agreed to sell and defendants to buy certain real estate in the' village of Hudson Falls for $16,000. Of this amount $500 was paid on the execution of the contract; $4,500 was to be paid on February 15, 1918, when the deed was to be' delivered. The property was subject to a mortgage of $11,000 held by the Albany City Savings Institution. The deed was- to be given subject to the mortgage, but plaintiff agreed “ to procure from said bank an extension of the payment of said mortgage…
2Cases cited8 opinions
- Crane v. . PowellNew York Court of Appeals · 1893
- Imperator Realty Co. v. . TullNew York Court of Appeals · 1920
- McKenzie v. . HarrisonNew York Court of Appeals · 1890
- McCreery v. . DayNew York Court of Appeals · 1890
- Higgins v. . EagletonNew York Court of Appeals · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Cohen v. KranzNew York Court of Appeals · 1963
- Dudley v. . PerkinsNew York Court of Appeals · 1923
- Lieberman v. . Templar Motor Co.New York Court of Appeals · 1923
- Alexander v. Equitable Life Assurance SocietyNew York Court of Appeals · 1922
- Crowley v. LewisNew York Court of Appeals · 1925
27 more not listed; retrieve them via the Exa API.