Precht v. . Howard
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 15, 1906, in favor of defendant, upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The nature of the controversy and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtWerner, J.
The controversy arises out of conflicting claims as to the ownership of a building erected by the plaintiff’s predecessor upon lands that conceded!}' belong to the defendant. The latter, as owner of the land, asserts title to the building, under the general rule that every structure permanently annexed to the soil is a part of the fee. The plaintiff stands upon the terms of an agreement in which the defendant agreed to purchase the building at a fixed price. As the legal effect of that agreement depends wholly upon the conditions under which it was made, a brief recital of the history that…
2Cases cited9 opinions
- Payne v. . BurnhamNew York Court of Appeals · 1875
- Ombony v. . JonesNew York Court of Appeals · 1859
- Holmes v. TremperNew York Supreme Court · 1822
- Talbot v. . CrugerNew York Court of Appeals · 1896
- Stephens v. . ElyNew York Court of Appeals · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Springs v. . Refining Co.Supreme Court of North Carolina · 1933
- Doepfner v. BowersNew York Supreme Court · 1907
- Springs v. Atlantic Refining Co.Supreme Court of North Carolina · 1933
- Brooklyn Waterfront Terminal Corp. v. United StatesUnited States Court of Claims · 1950
- Chicago Title & Trust Co. v. Fox Theatres Corp.District Court, S.D. New York · 1958
1 more not listed; retrieve them via the Exa API.