Selleck v. . Tallman
New York Court of Appeals
Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of New York, made June 7, 1880, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term.
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Appeal from order of the General Term of the Court of Common Pleas in and for the city and county of New York, made June 7, 1880, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was brought to compel the specific performance of a contract between the parties made February 19, 1879, by which the defendant agreed to sell and the plaintiff to purchase certain real estate in the city of New York, for the sum of $75,000, payable as follows: $1,500 in cash on the execution of the contract, $34,500 by assuming mortgages on…
1Per curiam
It is not .disputed, and the judge before whom this ease was tried found among other things that at the time and place fixed by the contract the parties met, and the defendant produced a deed of the premises mentioned, executed by himself and wife, and dated February 19, 1879, but did not formally tender the same to the plaintiff; that it was • then and there claimed on behalf of the defendant, through his agent .and counsel, that the true construction of the contract was. that the interest should b¿ paid on the whole purchase-money from February 19th, and that there was no express or…
2Cited by5 opinions
- Bateman v. . HopkinsSupreme Court of North Carolina · 1911
- Baumann v. . PinckneyNew York Court of Appeals · 1890
- Schieck v. DonohueAppellate Division of the Supreme Court of the State of New York · 1904
- Babcock v. EmrichNew York Supreme Court · 1883
- St. George v. BenderIllinois Supreme Court · 1930