Eastman v. . Horne
New York Court of Appeals
Appeal from, a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 22,1910, affirming a judgment in favor of plaintiff entered upon a decision of the Kings County Court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from, a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 22,1910, affirming a judgment in favor of plaintiff entered upon a decision of the Kings County Court at a Trial Term without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. The respondent did not comply and has not complied with the covenant, nor has the respondent shown whether the Title (Guarantee and Trust Company would approve and insure the title. (Schlesirger v. Burland, 42 Misc. Rep. 209; C. M. O. Co. v. Brin, 66…
1Opinion of the Court
Cullen, Ch. J.
The appeal is from the affirmance of a judgment in favor of the vendor against the vendee for the specific performance of a contract for the purchase and sale of real estate, and but a single question is presented to us for determination. The contract contained this provision: “ The vendor shall give and the vendee shall accept a title such as the Title Guarantee and Trust Company will approve and insure.” The trial court found that the deed tendered by the plaintiff was proper in form and in accordance with the contract, and that the title offered to be conveyed thereby was the…
2Cases cited2 opinions
- Flanagan v. FoxNew York Court of Common Pleas · 1893
- Flanagan v. . FoxNew York Court of Appeals · 1895
3Cited by11 opinions
- DeJong v. MandelbaumAppellate Division of the Supreme Court of the State of New York · 1986
- Atkins v. TrowbridgeAppellate Division of the Supreme Court of the State of New York · 1914
- Smith v. SwisherIndiana Court of Appeals · 1941
- Haar v. DalyAppellate Division of the Supreme Court of the State of New York · 1931
- Tenner v. Retlaw Development Corp.Appellate Terms of the Supreme Court of New York · 1936
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