Shay v. Mitchell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtWitmer, J.
This appeal presents the question whether a contract to buy a parcel of land and the conveyance thereof described by metes and bounds but concluding with the clause, "said parcel of land contains 40 acres of land, more or less”, entitles the purchaser to an abatement of the price upon discovering nearly two years after the conveyance that the parcel contained only 31 acres. On the facts of this case we conclude that the purchaser is not entitled to such relief and that his complaint should be dismissed.
In 1967 plaintiff was the president of the Brae Burn Golf Course in Dansville, New York and…
2Cases cited11 opinions
- McKeon v. . Van SlyckNew York Court of Appeals · 1918
- Thayer v. . FintonNew York Court of Appeals · 1888
- In re the Accounting of RifleAppellate Division of the Supreme Court of the State of New York · 1956
- In re the Accounting of RifleNew York Court of Appeals · 1957
- Barnosky v. PetteysAppellate Division of the Supreme Court of the State of New York · 1975
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3Cited by7 opinions
- Brauer v. Central Trust Co.Appellate Division of the Supreme Court of the State of New York · 1980
- Shay v. MitchellNew York Court of Appeals · 1976
- Shufelt v. BulfamanteAppellate Division of the Supreme Court of the State of New York · 2012
- Shaw v. Jamaica Savings Bank (In re Cohen)District Court, E.D. New York · 1986
- Nowicki v. EspersenAppellate Division of the Supreme Court of the State of New York · 2009
2 more not listed; retrieve them via the Exa API.