Crocker Point Assn. v. . Gouraud
New York Court of Appeals
Appeal from a judgment of the Appellate. Division of the Supreme Court in the second judicial department, entered December 8, 1915, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtPound, J.
This is an action brought to recover a payment made on a contract for the sale of real estate on the ground that the title tendered by defendant was not marketable. On the trial, defendant was permitted to perfect the evidence of her title and plaintiff was given the option then to take such title according to the terms of the contract or have its complaint dismissed. From final judgment dismissing the complaint this appeal is taken.
The findings of fact, unanimously affirmed, present the question of sufficient tender of performance of a contract to sell real estate when the vendor relies upon…
2Cases cited10 opinions
- Shriver v. . ShriverNew York Court of Appeals · 1881
- Heller v. . CohenNew York Court of Appeals · 1897
- Post v. . WeilNew York Court of Appeals · 1889
- Simis v. . McElroyNew York Court of Appeals · 1899
- People v. Open Board of Stock Brokers Building Co.New York Court of Appeals · 1883
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3Cited by8 opinions
- Trimboli v. . KinkelNew York Court of Appeals · 1919
- Norwegian Evangelical Free Church v. MilhauserNew York Court of Appeals · 1929
- Artstrong Homes, Inc. v. VasaNew York Supreme Court · 1960
- Wildove v. PapaAppellate Division of the Supreme Court of the State of New York · 1928
- Kielbinski v. SitkoNew York Supreme Court · 1949
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