Legal Opinion

Eastman v. Horne

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

Decided November 18, 1910Published

Appeal by the defendant, William Horne, from a judgment of the County Court of Kings county in favor of .the plaintiff, entered in the office of the clerk of the county of Kings on the 28th day of March, 1910, upon the decision of the court rendered after a trial before the court without a jury.

1Opinion of the Court

Woodward, J.:

The plaintiff entered into a contract in writing with, the defendant on the 27th day of April, 1909, in which contract plaintiff agreed, to sell to defendant certain real estate in the county of Kings, and defendant agreed to pay therefor the sum of $4,000. Two hundred dollars was to be paid on signing the contract, $1,800 on the delivery of the deed, and the balance by the assumption of a mortgage which was at the time a lien, upon the premises. The contract provided that the “ deed shall be a full covenant warranty deed, and shall be executed and acknowledged by the vendor, at…

2Cases cited3 opinions

  1. Flanagan v. FoxNew York Court of Common Pleas · 1893
  2. Allen v. McKeonAppellate Division of the Supreme Court of the State of New York · 1908
  3. Downs v. LehmanAppellate Division of the Supreme Court of the State of New York · 1907

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