Hellreigel v. . Manning
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made May 15, 1882, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The burden of proof was upon plaintiff to show affirmatively that he had a good title. (Wilson v. Holden, 16 Abb.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made May 15, 1882, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The burden of proof was upon plaintiff to show affirmatively that he had a good title. (Wilson v. Holden, 16 Abb. Pr. 133.) Defendant was entitled, by the express terms of the contract, to “ a good title to the undivided one-half of the land in question, free from incum brances.”…
1Opinion of the CourtEarl, J.
This action was brought by the plaintiff to compel the defendant to specifically perform a contract for the purchase of land, and was based upon a written agreement signed, sealed and acknowledged by the defendant, and dated November 17, 1876, whereby he, in consideration of $50 paid to him by the plaintiff, agreed with the plaintiff that at the end of four years, if the plaintiff became dissatisfied with the purchase of the same land at that time made by him and should call upon the defendant to do so, he would pay him for his undivided one-half interest in the land the sum of $3,800, upon…
2Cases cited3 opinions
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- Harrass v. EdwardsWisconsin Supreme Court · 1896
- French v. PhelpsCalifornia Court of Appeal · 1912
- Baumeister v. DemuthAppellate Division of the Supreme Court of the State of New York · 1903
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