Lowenfeld v. Ditchett
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Pincus Lowenfeld and another, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 5th day of January, 1906, upon the report of a referee dismissing the complaint upon the merits.
1Opinion of the Court
Clarke, J.:
This is an appeal from a judgment dismissing the complaint. The complaint alleges a contract entered into between the plaintiffs and defendant for the ¡purchase by the plaintiffs from the defendant of a certain* piece of real estate in the city of New York, the deposit of $1,500 thereon by the plaintiffs, the expenses of examination of title of $345, the due performance of all the conditions of the agreement by the plaintiffs, the inability on the *58part of the defendant to give a marketable title, and demands judgment for said sums and the establishment of a vendee’s lien on said…
2Cases cited4 opinions
- Shriver v. . ShriverNew York Court of Appeals · 1881
- Croner v. . CowdreyNew York Court of Appeals · 1893
- McCormack v. . CoddingtonNew York Court of Appeals · 1906
- Salisbury v. RyonAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Herrmann v. Cabinet Land Co.Appellate Division of the Supreme Court of the State of New York · 1914