Sternberger v. . McGovern
New York Court of Appeals
Appeal from a judgment. This action was brought in the Hew York common pleas by Mayer Sternberger, Simon Sternberger and Raphael Buckman against Owen McGovern, for the purpose of foreclosing a vendor’s lien for the purchase money claimed to be due on a sale of real estate in the city of Hew York.
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Appeal from a judgment. This action was brought in the Hew York common pleas by Mayer Sternberger, Simon Sternberger and Raphael Buckman against Owen McGovern, for the purpose of foreclosing a vendor’s lien for the purchase money claimed to be due on a sale of real estate in the city of Hew York. The facts of the case were as follows: On March 16, 1872, the plaintiffs and defendant executed a written instrument by which the plaintiffs agreed to sell to the defendant certain land situated in Thompson-street in Hew York city, “for the price of one hundred and twenty-five thousand dollars…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The different conclusions arrived at by the Special and General Terms, arose from the different construction of the contract of the parties which was respectively adopted. The Special Term held that the contract of the plaintiffs to sell and convey to the defendant the Thompson street property for $125,000, was an independent contract, not affected by that part relating to the Mott Haven property, otherwise than by giving the defendant the right of paying a part…
2Cases cited2 opinions
- Bradley v. . AldrichNew York Court of Appeals · 1869
- Morss v. ElmendorfNew York Court of Chancery · 1844
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- Saperstein v. Mechanics & Farmers Savings BankNew York Court of Appeals · 1920
- I. H. P. Corp. v. 210 Central Park South Corp.Appellate Division of the Supreme Court of the State of New York · 1962
- Winders v. Hill.Supreme Court of North Carolina · 1906
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