Cockcroft v. New York & Harlem Railroad
New York Court of Appeals
Appeal ' from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover damages for an alleged breach of a contract for the sale of a lot of land situate in the city of New York.
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Appeal ' from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. This action was brought to recover damages for an alleged breach of a contract for the sale of a lot of land situate in the city of New York. Defendant, being the owner of a tract of land in the city, of New York, caused the same to be divided into lots and sold at auction. The sale was made February 7, 1867. By the terms of sale the purchaser was to pay…
1Opinion of the CourtMiller, J.
The rule is well settled that where a vendor enters into a contract to sell and convey real estate under a belief that he has a good title, and that the same is free from incumbrances, with covenants of warranty and against such incumbrances, and he fails to perform for the reason that the title is defective, or an incumbrance unknown to him previously is discovered, which prevents a fulfillment of the contract, in an action by the vendee against him for a breach of the contract the latter is only liable for nominal damages. (Pumpelly v. Phelps, 40 N. Y., 59 ; 24 Barb., 100; 43 id., 469 ;…
2Cases cited8 opinions
- Mack v. . PatchinNew York Court of Appeals · 1870
- Pumpelly v. . PhelpsNew York Court of Appeals · 1869
- Margraf v. . MuirNew York Court of Appeals · 1874
- Baldwin v. MunnNew York Supreme Court · 1829
- Peters v. McKeonNew York Supreme Court · 1847
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Morgan v. BellWashington Supreme Court · 1892
- Bigler v. . MorganNew York Court of Appeals · 1879
- Wetmore v. . BruceNew York Court of Appeals · 1890
- Atwood v. WalkerMassachusetts Supreme Judicial Court · 1901
- Grosso v. SporerNew York Supreme Court · 1924
14 more not listed; retrieve them via the Exa API.