Haffey v. . Lynch
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 16, 1907, which affirmed an interlocutory judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and a final judgment entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 16, 1907, which affirmed an interlocutory judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and a final judgment entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to hold that the sums that might have been received as rent for the property had the Jarvis claims never been made, were the proper measure of the damages to which the plaintiff was…
1Opinion of the Court
Cullen, Ch. J.
In February, 1889, the defendant offered for sale at public auction the premises in controversy, at which the plaintiff became the purchaser for the sum of $7,800, paying ten per cent of the purchase money. Before the title was closed ©ne Jarvis brought an ejectment suit against the defendant for the recovery of the premises and filed a Us pendens. In June, 1889, the plaintiff brought this action for the specific performance of the contract, alleging, however, in the complaint that the plaintiff’s title was defective on account of the Jarvis suit and claiming that deduction from…
2Cases cited7 opinions
- Worrall v. . MunnNew York Court of Appeals · 1868
- Haffey v. . LynchNew York Court of Appeals · 1894
- State of Connecticut v.JacksonNew York Court of Chancery · 1814
- French v. KennedyNew York Supreme Court · 1849
- Jarvis v. . LynchNew York Court of Appeals · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- S.E.S. Importers, Inc. v. PappalardoNew York Court of Appeals · 1981
- Ohio Savings Bank & Trust Co. v. Willys CorporationCourt of Appeals for the Second Circuit · 1925
- Freidus v. EisenbergAppellate Division of the Supreme Court of the State of New York · 1986
- Reis v. SparksCourt of Appeals for the Fourth Circuit · 1976
- Van Schaick v. AronNew York Supreme Court · 1938
8 more not listed; retrieve them via the Exa API.