Wicks v. Bowman
New York Court of Common Pleas
Appeal by plaintiff from a judgment of this court, entered on an order made at special term, overruling k demurrer to the special matter set up in the defendant’s answer.
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Appeal by plaintiff from a judgment of this court, entered on an order made at special term, overruling k demurrer to the special matter set up in the defendant’s answer. The complaint alleged, that on May 18th, 1872, the plaintiff was the owner in fee of premises in Brooklyn (describing them by metes and bounds), and that on said day the defendant made an agreement in writing with the plaintiff, whereby the plaintiff agreed to sell and convey, and the defendant agreed to purchase and take the said “ lot of land, with all buildings and improvements thereon,” for the price of eight thousand…
1Opinion of the Court
Daly, Chief Justice.
The plaintiff agreed to sell and convey, and the defendant-to purchase a lot of land, “with all buildings and improvements thereon,” for $8,000. ' The contract was made on the 18th of May, 1872, and $500 of the purchase money was paid when it was signed. By its terms, the defendant was to assume an existing mortgage upon the premises to the amount of $4,000, to give a mortgage for $1,000, and the residue of the purchase money, $2,500, was to be paid in cash upon the delivery of the deed, on the 18th of June following. There was a frame dwelling-house upon the lot, of the…
2Cases cited10 opinions
- Ætna Fire Insurance v. TylerCourt for the Trial of Impeachments and Correction of Errors · 1836
- Hough v. City Fire InsuranceSupreme Court of Connecticut · 1860
- Champion v. BrownNew York Court of Chancery · 1822
- Wood v. . the North Western Ins. Co.New York Court of Appeals · 1871
- Smith v. McCluskeyNew York Supreme Court · 1866
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3Cited by7 opinions
- Sewell v. . UnderhillNew York Court of Appeals · 1910
- Libman v. LevensonMassachusetts Supreme Judicial Court · 1920
- Polisiuk v. MayersAppellate Division of the Supreme Court of the State of New York · 1923
- Aspinwall v. BalchNew York Court of Common Pleas · 1877
- Boehm v. PlattNew York Supreme Court · 1921
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