Feist v. Block
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Max Feist, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 27th day of February, 1906, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits. This action is brought by the vendor for specific performance of a contract to convey real estate.
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Appeal by the plaintiff, Max Feist, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 27th day of February, 1906, upon the decision of the court, rendered after a trial at the New York Special Term, dismissing the complaint upon the merits. This action is brought by the vendor for specific performance of a contract to convey real estate. The judgment was in favor of defendant- for the recovery of the amount paid to apply on the purchase price, together with interest thereon, and for the expenses of examining the…
1Opinion of the Court
Laughlin, J.:
The contract was executed on the 25th day of February, 1905. The purchase price of the premises was $32,000, arid the contract provided that $2,000 should be paid on signing the contract; that title should be taken subject to an existing mortgage for $22^000; that the vendee should execute to the vendor at the time of receiving the conveyance a bond and second mortgage on the premises to secure the payment of $4,000, and interest thereon at. six per cent, “ on or before the first day of May, 1906, or * * * on 30 days written notice of intention so to pay off,” and the balance of…
2Cases cited4 opinions
- Acer v. . WestcottNew York Court of Appeals · 1871
- Feltenstein v. ErnstAppellate Terms of the Supreme Court of New York · 1906
- Feltenstein v. ErnstAppellate Division of the Supreme Court of the State of New York · 1906
- Oppenheim v. McGovernAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by5 opinions
- Rabinovitz v. MarcusSupreme Court of Connecticut · 1923
- Schnitzer v. BernsteinAppellate Division of the Supreme Court of the State of New York · 1907
- Lojo Realty Co. v. Estate of JohnsonAppellate Division of the Supreme Court of the State of New York · 1932
- Baucher v. StewartAppellate Division of the Supreme Court of the State of New York · 1910
- Sohns v. BeavisAppellate Division of the Supreme Court of the State of New York · 1909