Forbes v. Reynard
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George Forbes, 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 23d day of December, 1905, upon the decision of the court, rendered after a trial at the New York Trial Term without a jury, dismissing the complaint upon the merits.
1Opinion of the Court
McLaughlin, J.:
• The parties to this action entered into a contract by which the defendant agreed to sell and the plaintiff to purchase certain real estate in the city of New York for $52,000, $1,000 of which was paid at the time the contract was executed ; $31,000, agreed to be paid at the time fixed for the closing of the contract, when title was to pass, and the balance to be paid by the purchaser assuming a mortgage -for $20,000 upon the premises.
At. the time fixed for the closing of tlie-title, August 31, 1904, the plaintiff refused to perform, upon the ground that the premises "ere not…
2Cases cited9 opinions
- In re the Estate of WagnerNew York Court of Appeals · 1890
- Bean v. . TonneleNew York Court of Appeals · 1884
- Katz v. . KaiserNew York Court of Appeals · 1897
- Katz v. KaiserAppellate Division of the Supreme Court of the State of New York · 1896
- Chapman v. . TibbitsNew York Court of Appeals · 1865
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3Cited by1 opinion
- Kissinger v. QuirinAppellate Division of the Supreme Court of the State of New York · 1923