Weinheimer v. . Ross
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 26, 1910, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Before plaintiff could rescind contract he was obliged to offer and tender performance. (Higgins v. Eagleton, 155 N. Y. 474; Lighthall v. McGuire, 20 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 26, 1910, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Before plaintiff could rescind contract he was obliged to offer and tender performance. (Higgins v. Eagleton, 155 N. Y. 474; Lighthall v. McGuire, 20 App. Div. 248; Tonge v. Newell, 16 App. Div. 500; Ziehen v. Smith, 148 N. Y. 558; H. & C. S. B. R. R. Co. v. L. I. R. R. Co.,…
1Opinion of the CourtWillard Bartlett, J.
This is an action at law by the vendee in a contract for the purchase and sale of certain real estate in Buffalo to recover from the vendors a part of the purchase money paid under the contract.
The answer interposed a denial of the allegation in the complaint that the defendants were unable to convey a good title free of incumbrances to the premises contracted to be conveyed and also set up a counterclaim praying for specific performance.
The case was tried by consent before the court without •a jury.
The difference between the parties related (1) to the validity of the defendants’ title to the…
2Cases cited1 opinion
- Schiffer v. . DietzNew York Court of Appeals · 1881
3Cited by6 opinions
- Terry Trading Corp. v. BarskyCalifornia Supreme Court · 1930
- Geller v. Kings County Mortgage Co.Appellate Terms of the Supreme Court of New York · 1916
- Abramowitz v. FraccalvieriAppellate Division of the Supreme Court of the State of New York · 1929
- Weinheimer v. RossNew York Supreme Court · 1913
- Appleman v. Shorewood Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1949
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