Kaplan v. Bergmann
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintifE, Joseph Kaplan, from a judgment of the County Court of Kings: county, in favor of the defendants, entered in the office of the clerk of said county on the 1st day of April, 1907, upon the decision of the court, a jury having been waived, •dismissing the complaint upon the merits.
1Opinion of the Court
Rich, J.:
This is an action brought to recover money paid as a deposit pending passing of title and expenses incurred in an examination of the vendors’ title. The learned trial court found the facts in accordance with plaintiff’s contention, but found as matter of law that the objections, raised by plaintiff to defendants’ title were *877insufficient in law to entitle him to refuse performance of the contract, and that the defendants were able to convey the title to the premises mentioned therein according to the terms thereof.
In this conclusion the trial court was in error. By the terms of the…
2Cases cited2 opinions
- Klim v. SachsAppellate Division of the Supreme Court of the State of New York · 1905
- Wilhelm v. . FedergreenNew York Court of Appeals · 1899
3Cited by3 opinions
- Holdridge v. RobertsCity of New York Municipal Court · 1949
- Fouch v. RollinsDistrict Court, D. Alaska · 1956
- Kayfirst Corp. v. Washington Terminal Co.District Court, District of Columbia · 1993