Chwatal v. . Schreiner
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made April 13, 1894, which affirmed a judgment in favor of defendant dismissing the complaint upon the merits and decreeing specific performance of a contract to purchase lands, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in t.he opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made April 13, 1894, which affirmed a judgment in favor of defendant dismissing the complaint upon the merits and decreeing specific performance of a contract to purchase lands, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in t.he opinion. By construing the word "issue” to mean descendants, the intention of the testator is carried out and the property held intact for the full period…
1Opinion of the CourtHaight, J.
This action was brought to recover money paid upon a contract to sell and convey a lot of land on 90th street in the city of Hew York, together with the counsel fees and disbursements incurred in the examination of the title, upon the ground that the defendant was unable to give a merchantable title.
William Rhinelander died September 9th, 1825, seized and possessed of a large tract of land in the city of Hew York, of which the premises in question were a part. He left a last will and testament, which has been duly proved and admitted to probate, in and by the fifth clause of which he devised…
2Cases cited3 opinions
- Soper v. . BrownNew York Court of Appeals · 1892
- Palmer v. . HornNew York Court of Appeals · 1881
- Drake v. . DrakeNew York Court of Appeals · 1892
3Cited by16 opinions
- New York Life Insurance & Trust Co. v. VieleNew York Court of Appeals · 1899
- Schmidt v. . JewettNew York Court of Appeals · 1909
- Deacon v. St. Louis Union Trust Co.Supreme Court of Missouri · 1917
- Union Safe Deposit & Trust Co. v. DudleySupreme Judicial Court of Maine · 1908
- Rasquin v. HamersleyAppellate Division of the Supreme Court of the State of New York · 1912
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