Kealey v. Murray
New York Supreme Court
Appeal from special term, Onondaga county. Action by Michael Healey and another against Dwight H. Murray and others to foreclose a mechanic’s lien. There was a judgment for plaintiffs, and •defendant Murray appeals.
1Opinion of the CourtMerwin, J.
On the 25th October, 1889, the defendant Murray was the owner in fee of the lot in question. At that date he, through his agent, received of the defendant Mary Cornelius the sum of $5 as a payment on the purchase of the lot at'the price of $300, with the understanding that, on the payment b^ her of another payment of $5, she should have a contract. On the 7th November, 1889, she made another payment of $5, and a contract was executed, bearing date November 7, 1889, by which Murray agreed to sell, and Cornelius agreed to buy, the lot at the price of $300, payable $5 oi more on the 1st day of…
2Cases cited5 opinions
- Knapp v. . BrownNew York Court of Appeals · 1871
- Burkitt v. . HarperNew York Court of Appeals · 1879
- Otis v. . DoddNew York Court of Appeals · 1882
- Husted v. . MathesNew York Court of Appeals · 1879
- Jones v. ManningNew York Supreme Court · 1889
3Cited by3 opinions
- Union Stove Works v. KlingmanAppellate Division of the Supreme Court of the State of New York · 1897
- Moore v. McLaughlinNew York Supreme Court · 1892
- McCauley v. HatfieldNew York Supreme Court · 1894