Weissberger v. Wallach
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Karl M. Wallacli, from a'judgment of the Supreme, Court in favor of the plaintiffs,"-entered in the "office of the clerk of - the county of New York ón the "Sd-dfty of May, 19 0Y, upon the decision of the -court" rendered after a trial -at: the New York. Special Term.
1Opinion of the Court
. IñgrÁham, j.:
Thé.action was for-the specific: performance oka Contract for the sale of real estate, the conveyance. to be delivered on the 8d of Hovember, 1905, at one o’clock p. m. Upon that day the- defend^ .ant tendered to the plaintiffs a deed of the property which-the plaintiffs refuse^ to accept upon the ground that the defendant’s title was not marketable’. The only objection to the title which the court sustained was that there was on file a notice of the pendency of an action in the Supreme. Court in which Jacob Scholle and others were the plaintiffs and. John J. McAdam and others…
2Cases cited2 opinions
- Simon v. . VanderveerNew York Court of Appeals · 1898
- Baecht v. HevesyAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by3 opinions
- Wong v. WeissmanAppellate Division of the Supreme Court of the State of New York · 1987
- Garibaldi Realty & Construction Co. v. SantangeloAppellate Division of the Supreme Court of the State of New York · 1914
- Maiuccoro v. Rebusman, New York County Courts1967