Isaacs v. Schmuck
New York Court of Appeals
1Opinion of the Court
Cardozo, Ch. J.
Plaintiff and defendant made a contract for the purchase and sale of real property located at Lawrence, Nassau county, New York. The sale was to be subject to the restrictions of a zoning ordinance, and to building encroachments, if any, upon street or highway. With those exceptions the title was to be free of all incumbrances. The buyer, searching the title, found restrictive covenants, running with the land, and limiting its use. The seller had acquired title from one Lawrence in April, 1895, by a deed which provided in the habendum that the title of the grantee, his heirs…
2Cases cited19 opinions
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Lambert v. YellowleySupreme Court of the United States · 1926
- Born v. . SchrenkeisenNew York Court of Appeals · 1888
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- McCarty v. . Natural Carbonic Gas Co.New York Court of Appeals · 1907
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- Bloom v. KernanAppellate Division of the Supreme Court of the State of New York · 1989
- Clements Auto Company v. Service Bureau CorporationDistrict Court, D. Minnesota · 1969
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