Driscoll v. Healy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James A.- Healy, as substituted trustee, etc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 11th day of February, 1911, upon the decision of the court rendered after a trial at the Kings County Special Term.
1Opinion of the Court
Rich, J.:
This appeal is from a judgment of the Special Term in favor of the plaintiff in an action to compel the specific performance of an agreement for the sale and purchase of real property, or, if good title thereto cannot be given, for the recovery of the deposit paid by plaintiff, with attendant expenses. The facts are not controverted. The premises were sold at auction; the terms of sale described the property as having its “easterly line running through a party wall; ” they also provide that the purchaser shall take the property subject to every state of facts that a survey would…
2Cases cited1 opinion
- Driscoll v. CarrollAppellate Division of the Supreme Court of the State of New York · 1908