Legal Opinion

White v. Collins Building & Construction Co.

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

Decided July 1, 1903PublishedCited by 10 opinions

Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.

1Opinion of the Court

Ingraham, J.:

The plaintiffs entered into a contract with the defendant whereby the plaintiffs, in consideration of $87,500, purchased from the defendant and the defendant agreed to convey to the plaintiffs certain property in the city of New York upon the payment of $87,500. The objection to the title is based upon a covenant in a deed by which the premises in question were conveyed to the plaintiffs’ predecessor in title by the executors of Jacob Harsen in the year 1873. That covenant is as follows: “ And the said party of the second part, for himself, his heirs and assigns, doth hereby…

2Cases cited2 opinions

  1. Clark v. JammesNew York Supreme Court · 1895
  2. Sonn v. HeilbergAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by10 opinions

  1. Kitching v. . BrownNew York Court of Appeals · 1905
  2. Elterich v. Leicht Real Estate Co.Supreme Court of Virginia · 1921
  3. Deeves v. ConstableAppellate Division of the Supreme Court of the State of New York · 1903
  4. Scanlan v. LaCosteSupreme Court of Colorado · 1915
  5. McClure v. LeaycraftAppellate Division of the Supreme Court of the State of New York · 1904

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