Legal Opinion

Farrell v. Noel

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1897PublishedCited by 2 opinions

Appeal by the plaintiff, Peter Farrell, from-a'decree, and judgment' of the Supreme' Court in favor of the defendant, entered in the office of' the .clerk of the. county of New York on the 31st day of December, 1896, upon the "decision of the court rendered after-a trial-at the New York Special Term-dismissing the complaint, upon the merits. ■ .. .

1Opinion of the Court

Rumsey, J.:

This was an action brought for -specific performance of a contract by which the defendant agreed to sell to the plaintiff certain premises situated in the city of New York. The contract was made .on the 22d day of Hay,. 1895,. and was to have been, performed on the second day of July in that year. The performance was postponed ■hy consent until "the eighth day of July, at which time the parties met to examine the- title offered by the defendant. At that time the plaintiff insisted that the title was imperfect,, and -for' that reason refused .to carry out the contract. , The…

2Cases cited4 opinions

  1. Fort v. BurchNew York Supreme Court · 1849
  2. Campbell v. PragueAppellate Division of the Supreme Court of the State of New York · 1896
  3. Clason v. CorleyThe Superior Court of New York City · 1852
  4. Bechstein v. . SchultzNew York Court of Appeals · 1890

3Cited by2 opinions

  1. O'Neill v. Morris, New York County Courts1899
  2. Catlin v. ReaNew York Supreme Court · 1901

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