Dekay v. . Bliss
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31,1886, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made December 31,1886, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. On the 22d of January, 1884, the defendant Bliss entered into a contract with Sidney DeKay, husband of the plaintiff, by which he agreed to sell to him certain premises and buildings thereon situate on the corner of Broadway and Fifty-seventh street in the city of New York for the sum of $810,000 payable as follows: $5,000 on the execution of…
1Opinion of the CourtBradley, J.
The purpose of this action was to rescind the contract of January 22, 1884, made between the defendant Bliss and Sidney DeKay, and cancel the deed from the former to defendant Olin, as trustee, also the three mortgages made by him to Bliss to secure payment of $75,000 of the purchase-money, and to have the payments made by DeKay, amounting to $329,600, declared a lien upon the premises subject only to the mortgage of $410,000 held by the Hew York Life Insurance Company. The claim for relief as here presented is founded upon the alleged failure of Bliss to complete the buildings upon the…
2Cases cited3 opinions
- Tipton v. . FeitnerNew York Court of Appeals · 1859
- Sickels v. PattisonNew York Supreme Court · 1835
- Grant v. . JohnsonNew York Court of Appeals · 1851
3Cited by11 opinions
- Post v. . ThomasNew York Court of Appeals · 1914
- Rosenwasser v. Blyn Shoes, Inc.New York Court of Appeals · 1927
- Clark v. WestAppellate Division of the Supreme Court of the State of New York · 1910
- Lamson Consolidated Store-Service Co. v. ConynghamNew York Court of Common Pleas · 1895
- Kansas City Pants & Skirt Co. v. CohlmiaSupreme Court of Oklahoma · 1929
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