Freedman v. Oppenheim
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Oppenheim, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Kings on the 28th day of July, 1902, upon the decision of the court, rendered after a trial at the Kings County Special Term, decreeing specific performance of a contract to exchange real estate.
1Opinion of the Court
Hirschberg, J.:
The parties engaged in writing to exchange real estate, the plaintiffs to deed to the defendant certain property in Staten Island for the defendant’s property in the borough of Brooklyn. The defendant refused to take the plaintiffs’ title, but has been required to do so by the judgment, and the only question presented on the appeal is whether the title is such as a court of equity will compel a purchaser to take.
James M. Cruser, a resident of the State of Virginia, appears to have been the owner of the premises in 1845, and by the record title it is purported that he deeded it…
2Cases cited8 opinions
- Heller v. . CohenNew York Court of Appeals · 1897
- Baker v. . OakwoodNew York Court of Appeals · 1890
- Irving v. . CampbellNew York Court of Appeals · 1890
- McPherson v. . SchadeNew York Court of Appeals · 1896
- Fryer v. . RockefellerNew York Court of Appeals · 1875
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3Cited by5 opinions
- Freedman v. . OppenheimNew York Court of Appeals · 1907
- Gross v. RowleyAppellate Division of the Supreme Court of the State of New York · 1911
- Carolan v. YoranAppellate Division of the Supreme Court of the State of New York · 1905
- Matter of BatlasAppellate Division of the Supreme Court of the State of New York · 2016
- Freedman v. OppenheimAppellate Division of the Supreme Court of the State of New York · 1905