Legal Opinion

Baumeister v. Demuth

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 12 opinions

Appeal by the plaintiff, Theodore Bauméister, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of, the county of New York on the 14th day of March, 1903, upon the decision of the court, rendered after a trial at the New York Special Term, adjudging that the plaintiff did not have a good and marketable title to the premises described in the complaint in the above-entitled action.

1Opinion of the Court

Laughlin, J.;

The action is brought by the vendor to enforce specific performance of a contract for the sale of lands. The defendant in his answer also demanded specific performance and prayed, in the event that plaintiff “ cannot make good title,” that he have judgment for the purchase money paid and for the costs of examining the title and that the same be declared a lien upon the premises. It was expressly provided in the agreement that the contract was to be performed on the 1st day of July, 1902. On that day the parties met at the time and place specified for consummating the transfer and…

2Cases cited10 opinions

  1. Bohlen v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
  2. Schmidt v. . ReedNew York Court of Appeals · 1892
  3. Haberman v. . BakerNew York Court of Appeals · 1891
  4. Croghan v. . LivingstonNew York Court of Appeals · 1858
  5. Hellreigel v. . ManningNew York Court of Appeals · 1884

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3Cited by12 opinions

  1. Pakas v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1910
  2. Garrett v. CohenNew York Supreme Court · 1909
  3. Scudder v. LehmanAppellate Division of the Supreme Court of the State of New York · 1911
  4. Noethinger v. JeffriesNew York Supreme Court · 1919
  5. Vreeland v. Pennsylvania Tanning Co.Appellate Division of the Supreme Court of the State of New York · 1909

7 more not listed; retrieve them via the Exa API.

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