Remsen v. Wingert
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles A. Wingert, from a final 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 18th day of October,, 1905, directing the specific performance of a contract to purchase real estate, with- notice of an intention to bring tip for review upon such appeal an interlocutory judgment entered in said clerk’s office on the 24th day of August, 1905.
1Opinion of the Court
Clarke, J.:
The .plaintiff, and the defendant entered into a written contract under seal, wherein the plaintiff agreed to sell and the defendant agreed to buy. a certain described piece of land, with the buildings thereon, situated in the city óf New York and known as No. 2 Watts street. In an.d by said contract the plaintiff agreed to deliver on the closing day “a proper deed containing a general warranty and the usual • full covenants for the -conveying and assuring to them the fee simple of the said premises, free from *235all encumbrance.” The defendant rejected the title and refused to…
2Cases cited7 opinions
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Welsh v. . TaylorNew York Court of Appeals · 1892
- Heartt v. . KrugerNew York Court of Appeals · 1890
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- Deeves v. ConstableAppellate Division of the Supreme Court of the State of New York · 1903
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