Malkan v. Hemming
Supreme Court of Connecticut
Suit for the specific performance of a contract to purchase real estate, or, in lieu thereof,' 810,000 damages, brought to the Superior Court in New Haven County, where, on a trial to the jury, the plaintiffs were nonsuited (Case, J.), and from the refusal to set aside such judgment they appealed.
1Opinion of the CourtThayer, J.
The complaint as amended sets up a contract, evidenced by a writing under seal, entered into by the plaintiffs and defendants for the sale by the former to the latter of certain real estate situated in New Haven, to be paid for partly in cash, partly by the assumption by the defendants of a first mortgage of $13,000 then existing upon the premises, and the balance by a note to be secured by a mortgage upon the purchased premises. The conveyance was to be made and the transaction completed at a future day. Prior to that date, the complaint alleges, there was a modification of the contract by…
2Cases cited5 opinions
- Rollins v. MarshMassachusetts Supreme Judicial Court · 1880
- Rogers v. Rogers & BrotherMassachusetts Supreme Judicial Court · 1885
- Teal v. BilbySupreme Court of the United States · 1887
- Hill v. . BlakeNew York Court of Appeals · 1884
- Meriden Savings Bank v. McCormackSupreme Court of Connecticut · 1906
3Cited by15 opinions
- Berry v. Hartford National Bank & Trust Co.Supreme Court of Connecticut · 1939
- Dick v. DickSupreme Court of Connecticut · 1974
- Parkway Trailer Sales, Inc. v. Wooldridge Bros., Inc.Supreme Court of Connecticut · 1960
- Fischer v. KennedySupreme Court of Connecticut · 1927
- Federal Finance Co. v. Forman Properties, Inc.Supreme Court of Connecticut · 1948
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