Tittle v. Valkenburg
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sarah M. Tittle, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the cleric of the county of Herkimer on the 21st day of November, 1901, upon the decision of the court, rendered after a trial at the Herkimer Special Term, dismissing the complaint upon the merits.
1Opinion of the CourtHiscock, J.
This action was brought by plaintiff, as assignee of one Daniel J. Tittle, her husband, to enforce specific performance óf a contract for the conveyance o'f certain real estate made by one Charles A. Van Valkenburg as proposed vendor with said Tittle. The contract which gave to said Tittle the right to purchase the real' estate in question was contained in a lease under which he took'possession of and for some time occupied the premises in question. The defense urged to plaintiff’s action was that the written contract did not properly or correctly express the agreement which had been made…
2Cases cited3 opinions
- Von Sachs v. . KretzNew York Court of Appeals · 1878
- Commercial Bank of Rochester v. BoltonNew York Supreme Court · 1895
- Sommer v. AdlerAppellate Division of the Supreme Court of the State of New York · 1899