Dworsky v. Arndtstein
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bertha Dworsky, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 23d day of November, 1897, upon the decision of the court rendered after a trial at the New York Special Term directing the specific performance of a contract. The will of Henry Wisendanger, referred to in the opinion, was admitted to probate on the 23d day of December, 1897.
1Opinion of the Court
Rumsey, J.:
On the 10th of September, 1895, the plaintiff and the defendant made a contract, by which the defendant agreed to sell to the plaintiff a lot known as No. 49 Allen street, in the city of New York. The particular terms of the contract are not at all material. On the day fixed for the completion of the contract the plaintiff appeared at the proper place ready to perform on her part, but refused to accept the title offered by the defendant because she claimed that it was not marketable, in particulars then specified and upon which .she now relies. The contract was not performed and,…
2Cases cited5 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Corley v. . McElmeelNew York Court of Appeals · 1896
- Jackson ex dem. Le Grange v. Le GrangeNew York Supreme Court · 1822
- Jones v. . FlemingNew York Court of Appeals · 1887
3Cited by12 opinions
- Barnes v. KlugAppellate Division of the Supreme Court of the State of New York · 1908
- In re the Estate of KatzNew York Surrogate's Court · 1930
- In re the Judicial Settlement of the Account of Bank of JamestownAppellate Division of the Supreme Court of the State of New York · 1935
- Dunn v. TravisAppellate Division of the Supreme Court of the State of New York · 1900
- Carney v. MorrisonAppellate Division of the Supreme Court of the State of New York · 1928
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