O'Neil v. . Van Tassel
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 18, 1892, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 18, 1892, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to recover $500 paid by plaintiff on executing a contract for the purchase of land and $200 paid for examination of title and -damages for defendant’s failure to comply with the contract by conveying the premises free of incumbrances. The facts, so far as material, are stated in the opinion. The party wall on the…
1Per curiam
The plaintiff has recovered the amount of a. deposit made upon the purchase of real property with the expense incurred in the examination of the title, upon the-ground of the inability of the defendant vendor to execute to ■ the plaintiff a proper deed, conveying and assuring to him the-fee simple of the premises, free from all incumbrances. The . defendant denies that his title is defective, or incumbered, and asks, by way of counterclaim, judgment for a specific performance, alleging all the material facts entitling him to such relief. The property, which was the subject of the sale,…
2Cases cited1 opinion
- Hendricks v. . StarkNew York Court of Appeals · 1867
3Cited by19 opinions
- Greenfarb v. R. S. K. Realty Corp.New York Court of Appeals · 1931
- Bennett v. SheinwaldMassachusetts Supreme Judicial Court · 1925
- Rozen v. 7 Calf Creek, LLCAppellate Division of the Supreme Court of the State of New York · 2008
- Mercantile Realty Co. v. StetsonSupreme Court of Iowa · 1903
- Oppenheimer v. Knepper Realty Co.Appellate Terms of the Supreme Court of New York · 1906
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