Urbach v. Pye
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John E. Pye, from a judgment of the-Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 24th day of July, 1907, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
Laughlin, J.:
This is an action by a vendee of certain real property to-, enforce specific performance of the contract or to recover the down payment and expenses of examining tlie title, and ¡have the amount thereof declared a Hen upon and enforced against the land. The trial court has found that the deed tendered by the vendor was not a substantial compliance with the contract in that there was a material difference between the quantity of' land described in the contract and the land described in the deed-,, to which only defendant had. title. We are of opinion that' the proper construction…
2Cited by1 opinion
- Bargen v. GinsbergNew York Supreme Court · 1926