Johnston v. Long Island Investment & Improvement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Long -Island Investment and Improvement Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 4th day of December, 1902, upon the decision of the court, rendered after a trial at the Kings County Special Term, decreeing the specific performance of a contract for the sale of real estate.
1Opinion of the Court
Jenks, J.:
The plaintiff has judgment for specific performance by the vendor of real estate. The learned Special Term has interpreted the contract as it was written. The decree requires a deed from the vendor which apparently does not conform to the contract in two respects: (1) A part of the description in the contract reads: “ Beginning at the intersection of the easterly line of Main Hoad or Turnpike, now known as Flatbush Avenue,” and (2) the contract provides: “ Also subject to encroachments as shown on survey.” The deed required by the decree reads: “ Beginning at the intersection of the…
2Cases cited4 opinions
- Clark v. . DevoeNew York Court of Appeals · 1891
- Heartt v. . KrugerNew York Court of Appeals · 1890
- Masten v. . OlcottNew York Court of Appeals · 1886
- Andrus v. National Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Growen Realty Corp. v. LevyCity of New York Municipal Court · 1932