Bruner v. . Meigs
New York Court of Appeals
Appeal from j udgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of plaintiff, entered upon decision of the court at Special Term.
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Appeal from j udgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of plaintiff, entered upon decision of the court at Special Term. (Reported below, 6 Hun, 203.) This action was brought for the cancellation of a contract of sale of certain premises in the county of Westchester, wherein defendants as trustees, under the will of John L. Palmer, deceased, were vendors, and plaintiff was vendee, and to recover back a payment of purchase-money made under said contract. Said Palmer died in February, 1858, leaving a will executed July 1,…
1Opinion of the CourtAllen, J.
As a suit in equity to rescind an agreement for the sale of real estate by reason of a defect in the title or a want of power to sell in the vendors, the action could not be maintained. The plaintiff having a perfect defence at law and in equity in any action which might be brought to enforce the agreement, an action by him to rescind it would be unnecessary. But, as an action to recover money paid upon a consideration that has failed, this action can be sustained if the title of the defendants is not such as the plaintiff is bound to accept. The power of the defendants to make the sale and…
2Cases cited1 opinion
- Manice v. . ManiceNew York Court of Appeals · 1871
3Cited by17 opinions
- In Re the Estate of FairCalifornia Supreme Court · 1901
- Townshend v. . FrommerNew York Court of Appeals · 1891
- Cussack v. . TweedyNew York Court of Appeals · 1891
- Bruner v. MillerWest Virginia Supreme Court · 1906
- Hutkoff v. Winmar Realty Co.Appellate Division of the Supreme Court of the State of New York · 1925
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