Holly v. . Hirsch
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 18, 1892, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was brought to enforce the specific performance by the defendant of his agreement to purchase certain real estate, situated in Hew York city.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 18, 1892, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was brought to enforce the specific performance by the defendant of his agreement to purchase certain real estate, situated in Hew York city. The property was sold by the plaintiff at public auction and struck off to defendant, on his bid; but he refused to complete his purchase, upon the ground that a conveyance by the plaintiff…
1Opinion of the CourtGbay, J.
It is quite evident that the learned justices who have passed upon this case felt constrained in the exercise of "their judgment by the observations of Judge Debio, in the early case in this court of Rome v. Philips (27 N. Y. 357). I think, however, that a distinction exists between that case and the present one, which is both apparent and substantial. In Roome v. Philips the vendor died, leaving a will which simply directed his executors to sell his real estate, and the moneys so to be realized he bequeathed to a mother and an aunt. There was no devise of the realty to, nor any attempt to…
2Cases cited6 opinions
- Lewis v. . SmithNew York Court of Appeals · 1854
- Downing v. . MarshallNew York Court of Appeals · 1861
- Haberman v. . BakerNew York Court of Appeals · 1891
- Irving v. . CampbellNew York Court of Appeals · 1890
- Roome v. . PhilipsNew York Court of Appeals · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Heller v. . CohenNew York Court of Appeals · 1897
- McPherson v. . SchadeNew York Court of Appeals · 1896
- Chesebro v. . MoersNew York Court of Appeals · 1922
- Moot v. . Business Men's Investment Assn.New York Court of Appeals · 1898
- Simis v. . McElroyNew York Court of Appeals · 1899
11 more not listed; retrieve them via the Exa API.