Potter v. Boyce

The plaintiff asks specific performance of a contract made by the parties', by which, in consideration of the sum of $50,000, the plaintiff agreed to convey to defendant, free from incumbrances, certain premises on West One Hundred and Twenty-sixth street, in the borough of Manhattan, city of Hew York. The defendant contends that the plaintiff cannot give good title, and counterclaims for the amount paid to the vendor on the making of the contract as well as for expenses in searching title.

Part of the premises in question was formerly a portion of the *468bed of what was called Phineas street, a…