Bechstein v. . Schultz
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial, department, entered upon an order made the first Monday of May, 1881, on a case submitted under section 1219 of the Code of Civil Procedure. This was an action for the specific performance of a contract for the purchase of certain premises in the city of New York. The facts are sufficiently stated in the opinion. The statute is mandatory.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial, department, entered upon an order made the first Monday of May, 1881, on a case submitted under section 1219 of the Code of Civil Procedure. This was an action for the specific performance of a contract for the purchase of certain premises in the city of New York. The facts are sufficiently stated in the opinion. The statute is mandatory. “ Notice of a postponement” of sale cannot be given after the time to which the postponement is had is past. Such notice cannot relate back to the date of the postponement.…
1Opinion of the CourtBrowit, J.
The plaintiff purchased the. property which he agreed to convey to the defendant, at a forclosure sale.
The case states that the property was advertised-by the referee to be sold on August 13, 1884, that said sale was adjourned to August nineteenth, and from that date to September second, and from that date to September fourth, when the sale took place. That the notice of postponement of the sale from August nineteenth to September second, was not published until September fourth, when all the adjournments were published in the newspaper where the original notice of sale was required to be and…
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