Westchester & Bronx Realty & Development Co. v. Whitlock
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment of the City Court of the city of New York entered in favor of the plaintiff upon the verdict of a jury and also from an order denying a motion for a new trial.
1Opinion of the CourtGuy, J.
This is an action to recover a deposit of $2,500 on a contract for the sale of real estate, in performance of which contract it is alleged that plaintiff’s assignor was ready, willing and duly offered to accept and take a deed in fee simple to the premises, but refused to accept a deed tendered to him by defendants because said deed as tendered would not and did not convey said premises free from all incumbrances, as by said contract provided.
There is no proof of any tender or readiness to perform on the part of the plaintiff’s assignor. Defendants tendered a deed and noted plaintiff’s…
2Cases cited3 opinions
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Ziehen v. . SmithNew York Court of Appeals · 1896
- Alpern v. FarrellAppellate Division of the Supreme Court of the State of New York · 1909