Paolillo v. Faber
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles P. Faber, from a judgment of "the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Hew York on the Ith day of May, 1900, upon the decision of the court rendered after a trial at the Hew York Trial Term before the court without a jury.
1Opinion of the Court
McLaughlin, J.:
The parties to this action entered into a written contract by which the plaintiff agreed to buy and the defendant to sell certain real ' *242estate, for a specified consideration, $200 of Which was paid at the time the contract was executed. At the time fixed for. the completion of the contract by the delivery of the deed, the plaintiff refused to accept the title tendered by the defendant, upon the ground that it was not a marketable one; and defendant having refused to return the: $200 theretofore paid, this action was brought to recover such sum; together with the expenses…
2Cases cited2 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- McPherson v. . SchadeNew York Court of Appeals · 1896
3Cited by8 opinions
- Goodhue v. CameronAppellate Division of the Supreme Court of the State of New York · 1911
- Gross v. RowleyAppellate Division of the Supreme Court of the State of New York · 1911
- Carolan v. YoranAppellate Division of the Supreme Court of the State of New York · 1905
- Freedman v. OppenheimAppellate Division of the Supreme Court of the State of New York · 1903
- Greenpoint Bank v. ParissiAppellate Division of the Supreme Court of the State of New York · 1998
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