Coit v. Fougera
New York Supreme Court
THE plaintiff owned a store and lot in Atlantic street, Brooklyn, valued at $30,000, which was subject to incumbrances. The defendant owned a house and lot on President street, unincumbered, valued at $5100. The parties agreed to exchange these properties; the defendant to pay the difference in such values, by assuming a mortgage on the Atlantic street property, assigning a chattel mortgage and paying a balance in cash; the properties to be respectively conveyed, free from…
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THE plaintiff owned a store and lot in Atlantic street, Brooklyn, valued at $30,000, which was subject to incumbrances. The defendant owned a house and lot on President street, unincumbered, valued at $5100. The parties agreed to exchange these properties; the defendant to pay the difference in such values, by assuming a mortgage on the Atlantic street property, assigning a chattel mortgage and paying a balance in cash; the properties to be respectively conveyed, free from incumbrance, except the mortgage so assumed. The plaintiff executed and delivered a deed of the Atlantic street property,…
1Opinion of the Court
By the Court,
Emott, J.
The only question in this case is whether the plaintiff is entitled to a lien as vendor, upon the property which he conveyed to the defendant at the corner of Atlantic and Clinton streets, in Brooklyn, for that por*197tian of the price which he alleges to be unpaid. Whether the plaintiff can recover this portion of the price in money of the defendant is a different inquiry, and would be determined upon different principles. It would be plainly unjust In a case like the present, brought to assert a specific equitable right, and to enforce the. corresponding remedy, if we are…
2Cases cited2 opinions
- Fish v. HowlandNew York Court of Chancery · 1828
- Bradley v. BosleyNew York Court of Chancery · 1845
3Cited by8 opinions
- Kirkwood v. HoxieMichigan Supreme Court · 1893
- Fisk v. PotterNew York Court of Appeals · 1865
- Graham v. MoffettMichigan Supreme Court · 1899
- Florida v. MorrisonMissouri Court of Appeals · 1891
- Camp v. GiffordNew York Supreme Court · 1874
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