Tubbs v. Embree
New York Supreme Court
Appeal from special term, New York county. Action by George Waite Tubbs against Robert O. Embree, individually and as trustee, to recover damages for breach of a contract for the sale by defendant of certain real estate to plaintiff. From an order denying a motion to strike the cause from the circuit court calendar, and to place it on the special term calendar, defendant appeals. Affirmed.
1Per curiam
The action was brought by the vendee in a contract for the purchase of real property to recover damages for the breach of such contract by the vendor, the breach consisting of the inability of the vendor, by reason of a defect in the title, to give a good or marketable title to the premises at the time fixed for closing the title. Such inability is, in effect, admitted by the answer, but by way of counterclaim defendant asked for equitable relief, demanding specific performance, upon the claim that, within a few days after the date for closing, all objections to the title were cured and…
2Cases cited1 opinion
- MacKellar v. . RogersNew York Court of Appeals · 1888
3Cited by5 opinions
- Ott v. KelleyNorth Dakota Supreme Court · 1934
- Groden v. JacobsonAppellate Division of the Supreme Court of the State of New York · 1908
- Jacob v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1903
- Schaaf v. DennistonAppellate Division of the Supreme Court of the State of New York · 1907
- Jacob v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1903