Sewell v. . Underhill
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 16, 1908, which affirmed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. 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 second judicial department, entered June 16, 1908, which affirmed a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. When, between the making of a contract for the sale of real property and the delivery of the deed, the building upon the premises is destroyed by fire, the loss falls upon the vendor. (Clinton v. H. Ins. Co., 45 N. Y. 454; Goldman v. Rosenberg, 116 N. Y. 78;…
1Opinion of the CourtGray, J.
The plaintiff and defendant had entered into an agreement for the sale by the latter, and the purchase by the former, of a parcel of land at the price of $25,000. .The sum of $5,000 was paid by the plaintiff, upon the execution of the contract. The balance was to be paid by the execution of the purchaser’s bond for $20,000, secured by a mortgage upon the property. At the time when the title was, finally, arranged to be closed, the plaintiff had executed the bond and mortgage and the defendant had executed the deed, which the contract called for; but it was deemed desirable by the parties that…
2Cases cited4 opinions
- Clinton v. . the Hope Insurance CompanyNew York Court of Appeals · 1871
- McKechnie v. SterlingNew York Supreme Court · 1867
- Wicks v. BowmanNew York Court of Common Pleas · 1874
- Summers v. BurtisNew York Court of Chancery · 1848
3Cited by45 opinions
- Skendzel v. MarshallIndiana Supreme Court · 1973
- Brownell v. Board of Education of Inside Tax District of City of Saratoga SpringsNew York Court of Appeals · 1925
- Bean v. WalkerAppellate Division of the Supreme Court of the State of New York · 1983
- Hecht v. MellerNew York Court of Appeals · 1968
- Strong v. MooreOregon Supreme Court · 1922
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