Rosenberg v. . Haggerty
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 3, 1906, affirming a judgment in favor of plaintiff entered upon á decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The vendee exercised his option to rescind the contract and is, therefore, only entitled to damages in this action.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 3, 1906, affirming a judgment in favor of plaintiff entered upon á decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The vendee exercised his option to rescind the contract and is, therefore, only entitled to damages in this action. In so far as his action asks for specific performance it cannot be maintained. (Haggard v. Scott, 1 R. & M. 293; Lewis v. White, 16 Ohio, 444; Sterinhardt v.…
1Opinion of the CourtGray', J.
This action was brought to compel the defend- • ants specifically to perform their contract for the sale of certain land and the decree, which orders specific performance, presents a question for our consideration upon this appeal. The plaintiff is the assignee of the vendee in the contract and his complaint averred his ability and willingness to perform the contract, his tender to the defendants of the balance remaining to be paid of the purchase money, at the time and place agreed upon for the closing of the title, and the inability and refusal of the defendants to deliver a conveyance of…
2Cases cited1 opinion
- Haffey v. . LynchNew York Court of Appeals · 1894
3Cited by7 opinions
- S.E.S. Importers, Inc. v. PappalardoNew York Court of Appeals · 1981
- Pelletier v. Transit-Mix Concrete Corp.New York Supreme Court · 1958
- Davis v. Epoch Producing Corp.New York Supreme Court · 1915
- Kussold v. BehrmanNew York Supreme Court · 1921
- Presbrey v. PresbreyAppellate Division of the Supreme Court of the State of New York · 1958
2 more not listed; retrieve them via the Exa API.