Keating v. Gunther
New York Supreme Court
Appeal from judgment in favor of plaintiff. • Action for specific performance of a contract for the sale of real estate. The contract was to be performed June 19, 1889,. at 9 A. M. At that time defendant objected to the title on the ground, among others, that there were two mortgages on the premises.
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Appeal from judgment in favor of plaintiff. • Action for specific performance of a contract for the sale of real estate. The contract was to be performed June 19, 1889,. at 9 A. M. At that time defendant objected to the title on the ground, among others, that there were two mortgages on the premises. On the same day plaintiff procured satisfaction pieces of the mortgages and tendered them to defendant with the deed, and defendant refused to receive them on the ground that “ it was after nine o’clock.”
1Opinion of the Court
The following is the opinion at special term:
Cullen, J.
There is no merit in the defense in this action. The defendant did not intend in good faith to carry out his contract of purchase at the time fixed for its completion, but endeavored to discover defects in plaintiff’s title which would relieve him from his bargain. I find that there is no valid objection to plaintiff’s title. Concededly there were two mortgages outstanding on the property.
But both these mortgages were past due and payable, and the holders ready to receive their amounts and satisfy the liens. By the contract the defendant…
2Cases cited5 opinions
- Smyth v. . SturgesNew York Court of Appeals · 1888
- Winne v. ReynoldsNew York Court of Chancery · 1837
- Day v. . HuntNew York Court of Appeals · 1889
- Hinckley v. . SmithNew York Court of Appeals · 1872
- Rinaldo v. HousmannNew York Court of Common Pleas · 1877