Aspinwall v. Balch
New York Court of Common Pleas
Application by a purchaser at a foreclosure sale to be relieved of his bid and to have the portion of the purchase money deposited by him at the time of the sale, returned to him. The facts are fully stated in the opinion.
1Opinion of the Court
Charles P. Daly, Chief Justice.
This is an application to the court b)r the purchaser at a foreclosure sale of a house and lot, to be relieved of his hid and to have the ten per cent, of the purchase money ($6,275) deposited at the time of the'sale, restored to him, upon the ground, that after the sale, and before the time for the delivery of the deed and the payment of the residue of the purchase money, the building was materially damaged by fire. He charges that by reason of the damage done to the building, there is a partial failure of the consideration; that the loss by reason of the fir.e…
2Cases cited11 opinions
- Graves v. . BerdanNew York Court of Appeals · 1863
- Winne v. ReynoldsNew York Court of Chancery · 1837
- Cheney v. . WoodruffNew York Court of Appeals · 1871
- Mitchell v. . BartlettNew York Court of Appeals · 1873
- Smith v. McCluskeyNew York Supreme Court · 1866
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3Cited by1 opinion
- Goldman v. RosenbergNew York Court of Appeals · 1889