Ryerson v. . Willis
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas, in and for the city and county of ¡New York, reversing a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term, and granting a new trial. (Reported below, 8 Daly, 462.) This action was brought to have a mortgage executed by plaintiffs to defendant upon certain premises purchased by the former of the latter, canceled and discharged of record.
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Appeal from order of the General Term of the Court of Common Pleas, in and for the city and county of ¡New York, reversing a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term, and granting a new trial. (Reported below, 8 Daly, 462.) This action was brought to have a mortgage executed by plaintiffs to defendant upon certain premises purchased by the former of the latter, canceled and discharged of record. In the year 1873 the parties entered into a contract for the sale by defendant and purchase by plaintiffs of certain- lots for $8,000. The…
1Opinion of the CourtMiller, J.
By the contract of sale between the defendant and the plaintiffs, the defendant was, in addition to the warranty deed, to deliver a quit-claim deed or release from the mayor, aldermen and commonalty of the city of Hew York of the lots conveyed; and if this could not be done at the time of the delivery of the warranty deed, he was to indemnify the plaintiffs, so as to insure a delivery before May 25, 1875. But it was expressly stipulated that a failure to comply with this condition should not affect the responsibility of the defendant under the warranty deed, and that the mortgage of $3,500…
2Cases cited2 opinions
- Abbott v. AllenNew York Court of Chancery · 1817
- Scott v. . OnderdonkNew York Court of Appeals · 1856
3Cited by4 opinions
- San Diego Flume Co. v. SoutherCourt of Appeals for the Ninth Circuit · 1898
- McConihe v. . FalesNew York Court of Appeals · 1887
- Meserole v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1912
- Roake v. SullivanNew York Supreme Court · 1910