Dingley v. . Bon
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 10, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 10, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The finding of facts “ that the defendant is finable to ascertain whether any or what part of the land described in the complaint has been conveyed to ” Langston et al., is conclusive against the respondent on this appeal to show that if the defendant was…
1Opinion of the CourtHaight, J.
This action was brought to compel the specific performance of a contract to purchase land.
The defense was that the title was not merchantable.
Peter A. Belmonico was the owner of a tract of land in the city of Brooklyn, comprising the land in question. On the 11th day of March, 1854, he conveyed the same to Henry Jukes and Job Gothard. On the twenty-sixth of September thereafter they conveyed the same to James Hordern by separate deeds, each of an undivided half, which were identical in form, containing the same recitals. The quotations hereinafter made are taken from the Jukes deed. It…
2Cases cited3 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Dow v. WhitneyMassachusetts Supreme Judicial Court · 1888
- Sanders v. TownshendNew York Court of Appeals · 1882
3Cited by8 opinions
- Da Silva v. MussoNew York Court of Appeals · 1990
- Corning v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1961
- O'Neill v. Lola Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1942
- L. C. Stroh & Sons, Inc. v. Batavia Homes & Development Corp.Appellate Division of the Supreme Court of the State of New York · 1962
- Wilson v. Power House Development Corp.Appellate Division of the Supreme Court of the State of New York · 2004
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