Legal Opinion

Stuyvesant v. Weil

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

Decided June 15, 1899PublishedCited by 12 opinions

Appeal by the plaintiff, Augustus Van Horne Stuyvesant, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 14th day of March, 1899, upon the decision of the court rendered after a trial at the Hew York Special Term, dismissing the complaint upon the merits.

1Opinion of the Court

O’Brien, J.:

This suit in equity was brought to compel the defendant to specifically perform an agreement whereby he was to convey title to certain premises to the plaintiff; or, if unable to convey a marketable title thereto, to return a partial payment of $2,500 made by the plaintiff to him and to pay expenses incurred. The agreement referred to is set forth in the complaint and shows that the defendant agreed to sell the plaintiff certain real estate at 741 and 743 Amsterdam avenue and 151 West Hinety-sixth street, for which $57,500 was to be paid, $2,500 on signing the contract, $43,000 by…

2Cases cited8 opinions

  1. Galpin v. PageSupreme Court of the United States · 1874
  2. Fleming v. . BurnhamNew York Court of Appeals · 1885
  3. Vought v. . WilliamsNew York Court of Appeals · 1890
  4. Shriver v. . ShriverNew York Court of Appeals · 1881
  5. McPherson v. . SchadeNew York Court of Appeals · 1896

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3Cited by12 opinions

  1. Golden v. Ramapo Improvement Corp.Appellate Division of the Supreme Court of the State of New York · 1980
  2. Mishkind-Feinberg Realty Co. v. SidorskyAppellate Division of the Supreme Court of the State of New York · 1906
  3. Farrington v. MuchmoreAppellate Division of the Supreme Court of the State of New York · 1900
  4. Fink v. WallachNew York Supreme Court · 1905
  5. Beaumont Construction Co. v. Higdon Elevator Co.Appellate Division of the Supreme Court of the State of New York · 1922

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