Rosenberg v. Jacobson
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment of the City Court of the city of ¡New York, entered in favor of the plaintiff after a. trial before the court without a jury. ■
1Opinion of the CourtBruce, J.
This action is brought to recover the deposit made by the plaintiff’s assignee upon a contract for the sale of real estate and the expense of examining title. By the terms of the contract, the premises in question were to be taken subject to two mortgages which were not then in existence. On the day for the closing of the title, plaintiff raised certain objections, which were waived upon the trial and, upon the strength of the objections so waived, made no tender of the balance of the purchase money.
¡Plaintiff now alleges that the defendants committed a *694breach of the contract in that one of…
2Cases cited4 opinions
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Ziehen v. . SmithNew York Court of Appeals · 1896
- Oppenheimer v. Knepper Realty Co.Appellate Terms of the Supreme Court of New York · 1906
- Rosenberg v. FeieringAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by1 opinion
- Link Realty & Construction Co. v. Public Construction Co.Appellate Division of the Supreme Court of the State of New York · 1915