Zorn v. McParland
The Superior Court of the City of New York and Buffalo
Appeal from jury term. Action by John Zorn against Peter McFarland to recover money paid on a contract for the sale of real estate. From a judgment in favor of plaintiff (28 N. Y. Supp. 485), defendant appeals. Affirmed. Argued before SEDGWICK, C. J., and BEEKMAN, J.
1Opinion of the CourtBeekman, J.
This action is brought to recover a portion of the purchase money paid by the plaintiff to the defendant upon a contract between them for the sale and purchase of a parcel of real estate in the city of New York, and also the expenses incurred by the plaintiff in the examination of the title, on the ground that the defendant failed to tender a good title, free from all charges and incumbrances other than those which were specified in the contract. The time fixed for closing the sale was the 10th day of Hay, 1892. On that day, by agreement between the parties, the time for per*771formance was…
2Cases cited5 opinions
- Benedict v. LynchNew York Court of Chancery · 1815
- Schmidt v. . ReedNew York Court of Appeals · 1892
- Smyth v. . SturgesNew York Court of Appeals · 1888
- Myers v. . De MierNew York Court of Appeals · 1873
- Oppenheimer v. HumphreysNew York Supreme Court · 1890
3Cited by12 opinions
- Kerrigan v. BackusAppellate Division of the Supreme Court of the State of New York · 1902
- Pfister v. HeinsAppellate Division of the Supreme Court of the State of New York · 1910
- Mahaney v. 580 Madison Ave., Inc.New York Supreme Court · 1930
- Rath v. WilgusNebraska Supreme Court · 1923
- Dwork v. WeinbergAppellate Division of the Supreme Court of the State of New York · 1907
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