Weeks v. . Frankel
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 15, 1908, in favor of defendant upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion. Plaintiff could convey a good, marketable and perfect title under the terms of the contract. (Doscher v. Wyckoff, 132 App.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 15, 1908, in favor of defendant upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion. Plaintiff could convey a good, marketable and perfect title under the terms of the contract. (Doscher v. Wyckoff, 132 App. Div. 139; Rankine v. Metzger, 69 App. Div. 264; Green v. Green, 125 N. Y. 506; Ackerman v. Gordon, 67 N. Y. 63; Draper v. Montgomery, 108 App.…
1Opinion of the CourtHaight, J.
The plaintiff entered into an agreement, in writing, to sell to Louis Franlcel the premises known as Fío. 130 Hooper street, in the borough of Brooklyn, for the consideration of $11,625, upon which contract Franlcel deposited the sum of $1,000 on account of the purchase price. Thereafter and on the day fixed by the parties, the plaintiff tendered a duly executed deed of the premises to the defendant Julia Franlcel, to whom the contract had been assigned by Louis Franlcel, and she refused to accept the same, on the ground, that the plaintiff could not convey a good marketable title to the…
2Cases cited7 opinions
- Woodward v. . JamesNew York Court of Appeals · 1889
- Greene v. . GreeneNew York Court of Appeals · 1891
- Robertson v. . De BrulatourNew York Court of Appeals · 1907
- Rogers v. . RogersNew York Court of Appeals · 1888
- Argersinger v. . MacNaughtonNew York Court of Appeals · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Morsman v. Commissioner of Internal RevenueCourt of Appeals for the Eighth Circuit · 1937
- Matter of Reed v. BrowneNew York Court of Appeals · 1946
- In re the Estate of GallowayNew York Surrogate's Court · 1931
- In re the Appointment of a Successor Trustee of the Trust under the Will of PhippsNew York Court of Appeals · 1956
- Striker v. . DalyNew York Court of Appeals · 1918
23 more not listed; retrieve them via the Exa API.