Murphy v. . Spaulding
New York Court of Appeals
This is an appeal by the plaintiff from a judgment rendered, upon the report of a referee, in favor of the defendant, Spaulding, against the plaintiff, and affirmed at a General Term of the Supreme Court in the second district.
Read the full summary
This is an appeal by the plaintiff from a judgment rendered, upon the report of a referee, in favor of the defendant, Spaulding, against the plaintiff, and affirmed at a General Term of the Supreme Court in the second district. The action was brought against Maria Spaulding and Walter Sands, to compel the specific performance of a contract made between the plaintiff and Sands for the conveyance of a lot of land on Staten Island, in the county of Richmond, made on the 3d day of April, 1866. The complaint asked judgment that defendant be compelled to convey, or if such conveyance was…
1Opinion of the CourtFolger, J.
The plaintiff in his complaint asks judgment that the defendant Sands, be compelled to grant and convey the premises to him, or if such conveyance is impracticable, that the defendant be adjudged to pay him damages for not conveying. He has well placed these two kinds of relief in the alternative, for it is evident that one is inconsistent with the other. One cannot at the same time have conveyance to him of lands, and damages for the non- conveyance of them. The judgment entered upon the report of the referee, that the plaintiff was not entitled to" a conveyance, but was, to damages for…
2Cases cited1 opinion
- Bennett v. . Van SyckelNew York Court of Appeals · 1859
3Cited by25 opinions
- In Re the Appraisal Under the Taxable Transfer Act of the Estate of DavisNew York Court of Appeals · 1896
- Tyler v. SheaNorth Dakota Supreme Court · 1894
- Lake v. LakeNevada Supreme Court · 1882
- Wilson v. . Mechanical Orguinette Co.New York Court of Appeals · 1902
- Silverberg v. SilverbergCourt of Appeals of Maryland · 1925
20 more not listed; retrieve them via the Exa API.