Legal Opinion

Stevenson v. Buxton

New York Supreme Court

Decided November 15, 1861PublishedCited by 1 opinion

November, 1861.—Appeal from a judgment. This action was brought by John Stevenson against John B. Buxton, to compel the specific performance by defendant of his agreement to convey the house and lot No. 152 West Thirty-second-street, New York city.

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November, 1861.—Appeal from a judgment. This action was brought by John Stevenson against John B. Buxton, to compel the specific performance by defendant of his agreement to convey the house and lot No. 152 West Thirty-second-street, New York city. The demand for judgment was as follows: “ Wherefore, the plaintiff demands judgment that the said defendant may be compelled to a specific performance of said agreement, and to deliver to the plaintiff a deed in conformity therewith of the premises therein mentioned, and also to pay the plaintiff the costs of this action; and that the plaintiff may…

1Opinion of the Court

By the Court.*—Sutherland, J.

This action was brought to compel the specific performance of an agreement to sell and convey to the plaintiff certain real estate in the city of New *354York. The specific relief asked is, that the defendant be compelled to deliver to the plaintiff a deed, &c.

February, 1863.—Trial by the court. TJpon a second trial of the cause, it appeared that the facts set up in the answer were substantially true. The plaintiff claimed damages for breach of the contract.

The defendant, in his answer, among other things, alleges that he never owned the premises agreed to be…

2Cases cited16 opinions

  1. Hopkins v. LeeSupreme Court of the United States · 1821
  2. Seymour v. DelanceyNew York Court of Chancery · 1822
  3. Ketchum & Sweet v. EvertsonNew York Supreme Court · 1816
  4. Morss v. ElmendorfNew York Court of Chancery · 1844
  5. Osgood v. FranklinNew York Court of Chancery · 1816

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3Cited by1 opinion

  1. Batchelor v. Albany City InsuranceThe Superior Court of New York City · 1869

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