Maupai v. Jackson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George G. Jackson and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 13th day of November, 1909, upon the decision of the court rendered after a trial at the New York Special Term.
1Opinion of the Court
McLaughlin, J.:
Action by the vendee of a contract for the sale of certain real' property to recover a deposit of $25 and the expenses incurred in searching the title. The defendants alleged their ability and willingness to carry out the contract, set forth certain facts as a counterclaim, and demanded judgment.that plaintiff be compelled to specifically perform. The issues were tried at Special Term and the court held that the plaintiff was justified in refusing to take title, directed judgment in his favor for $278.75, the amount deposited at the time the contract was signed and the expenses…
2Cases cited5 opinions
- Higgins v. . EagletonNew York Court of Appeals · 1898
- O'Neil v. . Van TasselNew York Court of Appeals · 1893
- Crawford v. . KrollpfeifferNew York Court of Appeals · 1909
- Volz v. SteinerAppellate Division of the Supreme Court of the State of New York · 1902
- Corn v. BassAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by5 opinions
- Mokar Properties Corp. v. HallAppellate Division of the Supreme Court of the State of New York · 1958
- Horne v. Macon Telegraph Publishing Co.Supreme Court of Georgia · 1914
- Holdridge v. RobertsCity of New York Municipal Court · 1949
- Francesa v. ScibettaAppellate Division of the Supreme Court of the State of New York · 2008
- Francesa v. ScibettaAppellate Division of the Supreme Court of the State of New York · 2008