Daly v. Bruen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James 0. Daly, from a judgment of the Supreme Court in favor of the defendant, entered in the office of ■ the clerk of the county of Washington on. the Jth day of March, 1903, upon the dismissal of the complaint by direction of the court after a trial at the Washington Trial Term. The action was brought by a contract vendee of real property to recover the damages resulting from the vendor’s inability to convey a good title to it.
1Opinion of the Court
Houghton, J.:
On the 23d of November, 1901, the defendant entered into a contract with the plaintiff to sell to him free and clear from incumbrances, certain real property for the sum of $900 payment, and the giving of a bond and mortgage for the balance, to be made on the first day of April following. In case of the failure of either party to perform, damages were stipulated at the sum of $100. Shortly, before the first of April, the defendant, objecting to going to a lawyer’s office on the first of April, requested that a day be appointed before that time to close up the matter. In pursuance…
2Cases cited3 opinions
- Ziehen v. . SmithNew York Court of Appeals · 1896
- Morange v. MorrisNew York Court of Appeals · 1866
- Glenn v. RosslerNew York Supreme Court · 1895