Wetmore v. . Bruce
New York Court of Appeals
Appeal from judgment of the Genera,! Term of the Superior Court of the city of ¡New York, entered upon an order made the first Monday of December, 1886, which affirmed a judgment in favor of defendant 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.
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Appeal from judgment of the Genera,! Term of the Superior Court of the city of ¡New York, entered upon an order made the first Monday of December, 1886, which affirmed a judgment in favor of defendant 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. The refusal of the trial court to find that the defendant had notice of the restriction at the time of pinchase, and his finding that defendant had no such notice were errors of law. (Sickels v. Flanagan, 79 N. Y. 224.) The defendant cannot succeed on the…
1Opinion of the CourtParker, J.
This action was brought to compel the defendant to specifically perform an agreement made by her to purchase the house and lot, Ho. 19 Washington square, north, in the city of' Hew York, which the plaintiff agreed to sell and convey free and clear of all incumbrances.
The defendant in her answer, among other objections to the title, averred that the former owners of the land in the block in which the house and lot are situated had mutually covenanted and agreed that twelve feet of the front of the lot in question, . and of the other lots in the block, should not at any time be built upon, but…
2Cases cited3 opinions
- Riggs v. . PursellNew York Court of Appeals · 1876
- Lattimer v. . LivermoreNew York Court of Appeals · 1878
- Cockcroft v. New York & Harlem RailroadNew York Court of Appeals · 1877
3Cited by43 opinions
- Forster v. . ScottNew York Court of Appeals · 1893
- Bull v. . BurtonNew York Court of Appeals · 1919
- Hancock v. GummSupreme Court of Georgia · 1921
- Boyden v. RobertsWisconsin Supreme Court · 1907
- Wheeler v. SullivanSupreme Court of Florida · 1925
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