Bull v. Burton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Charles C. Bull, as trustee, and others, from a.judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 12th day of August, 1915, dismissing the complaint on the merits, awarding a personal judgment in favor of the defendants on their counterclaim, and declaring a lien upon the premises involved in this action therefor.
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Appeal by the plaintiffs, Charles C. Bull, as trustee, and others, from a.judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 12th day of August, 1915, dismissing the complaint on the merits, awarding a personal judgment in favor of the defendants on their counterclaim, and declaring a lien upon the premises involved in this action therefor. The judgment was rendered upon the report of a referee appointed to hear and determine the issues.
1Opinion of the Court
Laughlin, J.:
This is an action by vendors against vendees to enforce the specific performance of a contract, in writing, by which the defendants agreed to purchase the premises known as No. 448 Fifth avenue, in the borough of Manhattan, New York.
The vendors agreed to convey the premises free of all incumbrances, with certain exceptions not material to the questions presented by the appeal. The defendants pleaded, among other things, as a defense, that the title of the plaintiffs was subject to a restrictive covenant in favor of adjoining lands, contained in an agreement executed by and…
2Cases cited2 opinions
- Hayden v. PinchotAppellate Division of the Supreme Court of the State of New York · 1916
- Dethloff v. VoitAppellate Division of the Supreme Court of the State of New York · 1916