Weinstein v. Weber
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Rachel Weinstein, 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 20th day of July, 1900, upon the decision of the court rendered after a trial at the New York Special Term dismissing the complaint.
1Opinion of the Court
Hatch, J.:
This action was brought to compel the specific performance of a written agreement for the sale of real property, or for the recovery of the sum paid thereon by the vendee, with damages, the vendee claiming that the vendor’s title to the premises is defective. The premises in question were formerly owned by Felix and Adolphus Brown as tenants in common, and it is admitted that their title was good and marketable. Adolphus Brown, a widower, having three children, made a will which contained the following provisions :
“First: — I give, devise and bequeath unto my friend, Walli •Goetz,…
2Cases cited2 opinions
- Mutual Life Insurance v. ShipmanNew York Court of Appeals · 1890
- In Re the Judicial Settlement of the Accounts of BlauveltNew York Court of Appeals · 1892
3Cited by5 opinions
- Weinstein v. . WeberNew York Court of Appeals · 1904
- Vines v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1906
- Merolla v. LaneAppellate Division of the Supreme Court of the State of New York · 1907
- Pepper v. CutlerNew York Supreme Court · 1912
- Stafford v. WashburnAppellate Division of the Supreme Court of the State of New York · 1911