Cuff v. Dorland
New York Supreme Court
APPEAL by the plaintiff from a judgment rendered at a special term, on a trial before Justice Clerk®, without a jury. The action was brought for the specific performance of an agreement for the sale of real estate, which was as. follows: “For and in consideration of the sum of fifty dollars, paid to me in hand, Jane A. Borland, of the city of New York, have sold to Patrick Cuff, of same place, all that lot of land situated and lying in the twenty-second ward of this city,…
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APPEAL by the plaintiff from a judgment rendered at a special term, on a trial before Justice Clerk®, without a jury. The action was brought for the specific performance of an agreement for the sale of real estate, which was as. follows: “For and in consideration of the sum of fifty dollars, paid to me in hand, Jane A. Borland, of the city of New York, have sold to Patrick Cuff, of same place, all that lot of land situated and lying in the twenty-second ward of this city, known as follows: On the southeast corner of Fifty-fifth street and Eighth avenue, more or less, say seventy feet on…
1Opinion of the Court
By the Court, Ingraham, P, J.
The plaintiff asks for a decree for specific performance of an agreement to sell some land on Fifty-fifth street and 8th avenue, in the city of Hew York. The court gave judgment for the defendant, from which judgment the plaintiff appeals.
The agreement on which this action was founded is very imperfect in its character. It binds the defendant to sell the property at a fixed price, to be paid in installments to suit the purchaser; $5000 on delivery of the deed, and the balance in installments, without providing for any mortgage or security for the purchase money,…
2Cases cited1 opinion
- Marquat v. . MarquatNew York Court of Appeals · 1855
3Cited by10 opinions
- O'Beirne v. . Allegheny Kinzua R.R. Co.New York Court of Appeals · 1897
- Henry v. McKittrickSupreme Court of Kansas · 1889
- State v. Sunapee Dam Co.Supreme Court of New Hampshire · 1903
- Brown v. MilesNew York Supreme Court · 1891
- Everett v. De FontaineAppellate Division of the Supreme Court of the State of New York · 1903
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