Begen v. . Pettus
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 11, 1915, affirming a judgment ,in favor of defendants entered upon a decision of the court on trial at Special Term in an action to recover the amount deposited on a contract to purchase real property. Defendants counterclaimed, demanding specific performance.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 11, 1915, affirming a judgment ,in favor of defendants entered upon a decision of the court on trial at Special Term in an action to recover the amount deposited on a contract to purchase real property. Defendants counterclaimed, demanding specific performance. The specific objection upon which the purchaser rested her refusal to accept the deed and complete the purchase was an alleged overlapping of the land under water included in the contract by an earlier grant of land under…
1Per curiam
The refusal of the trial court to find that on May 21, 1903, the date to which the closing of title to the premises described in the agreement referred to in the complaint was adjourned, the defendants did not have title to, and were not able to convey, a good and marketable title to the portion of the land under the water of Long Island Sound, described in chapter 293 of the Laws- of the state of JNTew York, 1884, known as the overlap, was not the equivalent of a finding to the contrary and does not leave plaintiff wholly in the wrong. (167 App. Div. 622, 626.) The requested finding was not…
2Cases cited6 opinions
- Merchants' Bank v. . ThomsonNew York Court of Appeals · 1873
- Galle v. . TodeNew York Court of Appeals · 1896
- Pakas v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1910
- Pakas v. . ClarkeNew York Court of Appeals · 1911
- Begen v. PettusAppellate Division of the Supreme Court of the State of New York · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bander v. GrossmanNew York Supreme Court · 1994
- Telmark, Inc. v. AyersAppellate Division of the Supreme Court of the State of New York · 1981
- Freidus v. Community Founders, Inc.Appellate Division of the Supreme Court of the State of New York · 1947