Bull v. . Burton
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 18, 1917, affirming a judgment in favor of defendant entered upon the report of a referee. This action was brought to compel the specific performance of a contract to convey real property. The contract provides for the delivery to the respondents of a deed in proper statutory short form conveying “ the fee simple of the said premises, free of all incumbrances.”
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 18, 1917, affirming a judgment in favor of defendant entered upon the report of a referee. This action was brought to compel the specific performance of a contract to convey real property. The contract provides for the delivery to the respondents of a deed in proper statutory short form conveying “ the fee simple of the said premises, free of all incumbrances.” The action is defended because the respondents allege that the appellants failed to perform their contract, and that…
1Opinion of the CourtChase, J.
On December 27, 1911, the appellants entered into a contract with the respondents to sell to them certain real property in the city of New York known as No. 448 Fifth avenue. It now appears that one of the appellants’ predecessors in title on-July 8, 1859, conveyed a lot on Fifth avenue, including the real property in question, to another of appellants’ predecessors in title, and included in the deed there is a covenant as follows:
“ And the said party of the second part (the grantee) for himself, his heirs and assigns, doth hereby covenant to and with the said John D. Wendel (the grantor),…
2Cases cited30 opinions
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- Jackson v. StevensonMassachusetts Supreme Judicial Court · 1892
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