Woerz v. . Rademacher
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme •Court in the second judicial department, entered upon an •order made December 15, 1886, which affirmed a judgment in favor of the plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are sufficiently stated in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Supreme •Court in the second judicial department, entered upon an •order made December 15, 1886, which affirmed a judgment in favor of the plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts are sufficiently stated in the opinion. An action for specific performance cannot be maintained, when at the time the eon-tract is to be performed there are existing liens or encumbrances on the premises to be conveyed; which are not provided for in the contract. (Reeder v. Schneider, 1 Hun, 121;…
1Opinion of the CourtBradley, J.
The action was brought for specific performance of a contract of April 4, 1884, made by the plaintiff, named as trustee, with the defendant, by which he agreed to convey certain land in the city of Brooklyn in exchange for land in that city to be conveyed to him by the defendant. The defendant alleged that the plaintiff was unable to give a marketable title to the premises which he undertook to convey. Prior to July 12, 1878, the Abingdon Square Savings Bank was the beneficial owner of the land, although the title was nominally in another. On that day Prank Thompson, the receiver of the bank,…
2Cases cited4 opinions
- Cooke v. . PlattNew York Court of Appeals · 1885
- Jackson ex dem. Erwin v. MooreNew York Supreme Court · 1827
- Niver v. . CraneNew York Court of Appeals · 1885
- Allen v. . De WittNew York Court of Appeals · 1850
3Cited by12 opinions
- Bonham v. CoeAppellate Division of the Supreme Court of the State of New York · 1937
- Trimboli v. . KinkelNew York Court of Appeals · 1919
- Shanklin v. WardSupreme Court of Missouri · 1921
- Public Service Co. of Indiana, Inc. v. DalbeyIndiana Court of Appeals · 1949
- Northern Indiana Public Service Co. v. DarlingIndiana Supreme Court · 1958
7 more not listed; retrieve them via the Exa API.