Rhodes v. Caswell
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Cullen, J.:
The controversy submitted to the court for determination relates to the title to a tract of land in Westchester county, fór the sale of which the plaintiff has entered into a contract with the defendant. *230If the plaintiff’s title is good and marketable, judgment is to be rendered in her favor for a specific performance of the contract; if not, judgment is to be rendered for the defendant for the recovery of the payment made bjr him on account of the purchase money, and for his expenses in the examination of the title.
Jane A. Fuller died December 13, 1894, seized in fee simple of a…
2Cases cited7 opinions
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
- Delafield v. . BarlowNew York Court of Appeals · 1887
- Lockman v. . ReillyNew York Court of Appeals · 1884
- Boerum v. . SchenckNew York Court of Appeals · 1869
- Bennett v. . GarlockNew York Court of Appeals · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Weintraub v. SiegelAppellate Division of the Supreme Court of the State of New York · 1909
- In re of the Accounts of EltingAppellate Division of the Supreme Court of the State of New York · 1904
- Taylor v. KleinAppellate Division of the Supreme Court of the State of New York · 1900
- Allen v. KellyAppellate Division of the Supreme Court of the State of New York · 1900
- Wright v. MerceinNew York Supreme Court · 1901
4 more not listed; retrieve them via the Exa API.