Haffey v. . Lynch
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 at the April term, 1893, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This was an action to compel the specific performance by defendant of an agreement to sell certain real estate. The facts, so far as material, are stated in the 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 at the April term, 1893, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This was an action to compel the specific performance by defendant of an agreement to sell certain real estate. The facts, so far as material, are stated in the opinion. The plaintiff has fully performed his contract and is entitled to specific performance. (Greenl. on Ev. § 113.) It is the general rule that wherq the vendee in such a…
1Opinion of the CourtEarl, J.
At an auction sale of the defendant’s real estate the plaintiff purchased a parcel of land described in the com plaint at the price of ft,800, and paid ten per cent of the purchase price besides certain fees and expenses. The parties signed a written contract specifying the terms of sale and the time and place of full performance by the parties. By the written contract the defendant was to convey the land “ by the usual deed containing full covenants with warranty.” The defendant did not tender to the plaintiff such a deed as he claimed he was entitled to, and then he commenced this action…
2Cases cited3 opinions
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Sternberger v. . McGovernNew York Court of Appeals · 1874
- Morss v. ElmendorfNew York Court of Chancery · 1844
3Cited by49 opinions
- Epstein v. . GluckinNew York Court of Appeals · 1922
- Junius Construction Corp. v. CohenNew York Court of Appeals · 1931
- Saperstein v. Mechanics & Farmers Savings BankNew York Court of Appeals · 1920
- S.E.S. Importers, Inc. v. PappalardoNew York Court of Appeals · 1981
- Pascoe v. MorrisonCalifornia Supreme Court · 1933
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