McNulty v. Urban
City of New York Municipal Court
Appeal from special term. Action by Peter H. McNulty against Charles Urban and Eliza Urban for specific performance of a contract.to sell land. Defendant Charles , Urban appeals from a decree -directing specific performance as to him, and defendant Eliza-.Urban appeals from a judgment overruling her demurrer to the complaint. Judgment against Charles Urban affirined,- and appeal by Eliza Urban dismissed.
1Opinion of the CourtOsborne, J.
This action' was brought to compel the specific per-" formance of a contract for the sale of certain premises on Fulton street, Brooklyn, alleged to have been made by one Lovett, as the agent of the defendant Charles Urban, and thereto duly authorized. The authority to make the.contract in suit was as follows:
■ ' " “Brooklyn, Dec. 26,1891.
“1 hereby authorize George E. Lovett, my- agent, to sell the [sic] 231 and 235 Fulton street, running through to Liberty St., subject to mortgages aggregating 44,000 dollars at 5, per cent., also subject to tenant’s leases, and subject to no-other…
2Cases cited3 opinions
- Fales v. LawsonNew York Supreme Court · 1889
- Village of Palmyra v. WynkoopNew York Supreme Court · 1889
- Thompson v. StanleyNew York Supreme Court · 1892