Faile v. Crawford
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry J. Crawford, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the 4th day of Hovember, 1897, upon the decision of the court rendered after a trial at the Hew York Special Term, directing him to specifically perform a contract for the purchase and sale ' of acres of land, situated in the twenty-fourth ward of the city of Hew York.
1Opinion of the Court
O’Brien, J.:
The property, the subject of the contract sought to be enforced in this action, was purchased by the defendant at public auction, and the title ivas to be closed on April 8, 1896. The first question presented is, whether on that day the plaintiffs tendered an apparently marketable title. If they did not, even though they fortified it by evidence adduced upon the trial, it would follow that the portion of the judgment charging the defendant with interest on the purchase price would be unjust. That depends upon whether the deed tendered by the plaintiffs as trustees under the last…
2Cases cited3 opinions
- Delaney v. . McCormackNew York Court of Appeals · 1882
- Mott v. . AckermanNew York Court of Appeals · 1883
- Blanck v. . SadlierNew York Court of Appeals · 1897
3Cited by8 opinions
- Matter of RunkNew York Court of Appeals · 1911
- Hamershlag v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1901
- Forman v. YoungAppellate Division of the Supreme Court of the State of New York · 1915
- In re FedermanNew York Supreme Court · 1933
- Hamerschlag v. DuryeaAppellate Division of the Supreme Court of the State of New York · 1901
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