Garcia v. . Callender
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made Hay 24, 1889, which affirmed a judgment in favor of defendant 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 right of pre-emption given hy the covenant was an absolute right to repurchase the premises at any time.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made Hay 24, 1889, which affirmed a judgment in favor of defendant 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 right of pre-emption given hy the covenant was an absolute right to repurchase the premises at any time. (Randall v. Sanders, 87 N. Y. 578, 583; 2 Stephen’s Comm. [8th ed.] 539; Manning on Law of Nations, 393; 1 Chitty on Comcl. Law, 103; U. S. R. S. chap. 4;…
1Opinion of the CourtO’Brien, J.
The plaintiff brought this action to compel the defendant to specifically perform a covenant contained in a deed of real estate executed by the plaintiff’s testator to the defendant’s ancestor, or to recover his damages for breach of the covenant. On the 24th of October, 1854, John Garcia, the .plaintiff’s testator, conveyed to Jane J. Callender, the defendant’s mother, in consideration of $12,000, a dwelling-house on Twentieth street, between Fifth and Sixth avenues, in the city of Hew York. The defendant is in possession of the premises as heir at law of the grantee in this deed. The…
2Cases cited3 opinions
- Mayor, Etc., of City of N.Y. v. . HartNew York Court of Appeals · 1884
- United States v. FitzgeraldSupreme Court of the United States · 1841
- Randall v. . SandersNew York Court of Appeals · 1882
3Cited by11 opinions
- Metropolitan Transportation Authority v. Bruken Realty Corp.New York Court of Appeals · 1986
- LIN Broadcasting Corp. v. Metromedia, Inc.New York Court of Appeals · 1989
- R. I. Realty Co. v. TerrellNew York Court of Appeals · 1930
- Kowalsky v. FamiliaNew York Supreme Court · 1972
- Witt v. DisqueAppellate Division of the Supreme Court of the State of New York · 1981
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