Smith v. McCluskey
New York Supreme Court
APPEAL from a judgment entered on the report of a referee, in an action brought by the assignee of a vendor, against the purchasers, to recover the purchase money remaining unpaid upon an agreement for the sale of land. The material facts are set forth in the opinion of the court.
1Opinion of the Court
By the Court, Bocees, J.
This is an appeal by the plaintiff from a judgment directed by a referee in favor of the *611defendants. The action was brought to recover the last three installments provided to be paid under a land contract, entered into by the defendants with the plaintiff’s assignor. The defense was, First, that neither the plaintiff nor his assignor was able to make good title to the real property agreed to be conveyed to them. Second, that before the installments became due, and while the plaintiff or his assignor was in- possession, the building on the premises, which was its chief…
2Cases cited22 opinions
- Tompkins v. . DudleyNew York Court of Appeals · 1862
- Sinclair v. TallmadgeNew York Supreme Court · 1861
- Lytle v. State of ArkansasSupreme Court of the United States · 1860
- Langley v. . WarnerNew York Court of Appeals · 1850
- Beecher v. . ConradtNew York Court of Appeals · 1855
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3Cited by15 opinions
- Vincent v. Mutual Reserve Fund Life Asso.Supreme Court of Connecticut · 1904
- Greenup v. CrooksIndiana Supreme Court · 1874
- McCroskey v. LaddCalifornia Supreme Court · 1892
- Libman v. LevensonMassachusetts Supreme Judicial Court · 1920
- Thomson v. . SmithNew York Court of Appeals · 1875
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