Corney v. Kline Building & Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Kline Building and Construction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 24th day of December, 1919, upon the decision of the court rendered after a trial at the Kings County Special Term decreeing that the defendant specifically perform a contract for the sale of real property.
1Opinion of the Court
Blackmar, J.:
The contract for the sale of the real property was made on the 17th of June, 1919. The plaintiff, who was the purchaser, paid $200 on signing the contract; $1,200 was to be paid on June twentieth, and the title was to be closed on July fifteenth. On June twentieth, at the appointed place, the plaintiff attended and tendered the $1,200, but the defendant refused it *794and repudiated the contract, claiming that it could not be enforced against him. The plaintiff thereupon began this action without awaiting the time fixed for closing the title. He obtained a judgment for specific…
2Cases cited8 opinions
- Kelly v. . Security Mutual Life Ins. Co.New York Court of Appeals · 1906
- Langan v. Supreme Council American Legion of HonorNew York Court of Appeals · 1903
- Wadick v. . MacENew York Court of Appeals · 1908
- Benedict v. . PincusNew York Court of Appeals · 1908
- Bear v. FletcherIllinois Supreme Court · 1911
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3Cited by2 opinions
- Kendall v. KendallAppellate Division of the Supreme Court of the State of New York · 1922
- Long v. WrightSupreme Court of Colorado · 1921