Berkowitz v. Brown
New York Court of Common Pleas
Action by Moritz Berkowitz and another against Ignatz Brown to enforce the specific performance of a contract for the sale and exchange of certain real estate by plaintiffs to defendant Judgment for defendant.
1Opinion of the CourtBischoff, J.
Plaintiffs agreed with defendant to convey to him their premises, 114 Willett street, in the city of New York, in exchange for his premises, 102 Columbia street. At the time appointed for the exchange of deeds, defendant refused to accept the one tendered him by plaintiffs, on the ground that it did not assure a marketable title, and thereupon plaintiffs brought this action for specific performance of the agreement.
On April 1, 1849, Catharine Wirth joined her husband, Jacob. Wirth, in the execution of a mortgage to Samuel Leach upon the Willett street premises to secure the payment of $3,500.…
2Cases cited30 opinions
- Sherman v. . KaneNew York Court of Appeals · 1881
- Dean v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
- American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
- White v. . WagerNew York Court of Appeals · 1862
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3Cited by11 opinions
- In re the Estate of SpringAppellate Division of the Supreme Court of the State of New York · 1952
- Kornegay v. . PriceSupreme Court of North Carolina · 1919
- Steinhardt v. BakerNew York Supreme Court · 1897
- Steinhardt v. BakerAppellate Division of the Supreme Court of the State of New York · 1898
- Stuyvesant v. WeilNew York Supreme Court · 1899
6 more not listed; retrieve them via the Exa API.