Spero v. Shultz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louis Spero, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 23d day of July, 1896, upon the decision of the, court rendered after a trial at the Hew York Special Term dismissing his complaint upon the merits.
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Appeal by the plaintiff, Louis Spero, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Hew York on the 23d day of July, 1896, upon the decision of the, court rendered after a trial at the Hew York Special Term dismissing his complaint upon the merits. The action was brought for the specific performance of a contract for the exchange of real property, and to recover damages if specific performance could not be had, the defendant’s counterclaim asking like affirmative relief. It is admitted that the parties were ready to carry…
1Opinion of the Court
O’Bkieit, J.:
The evidence supports the finding that the plaintiff’s building has no wall on its. westerly side, and that its beams are inserted in the easterly wall of the building on the adjoining lot. on the west, and is dependent upon that wall for support. On the premises are two houses, one in front and one in the rear, the latter of which is not involved, the question on this appeal turning upon whether the title to the front house is marketable.
It must be assumed that in contracting for the purchase of a house ' the defendant had a right to demand a house with four walls, the ordinary…
2Cases cited3 opinions
- Shriver v. . ShriverNew York Court of Appeals · 1881
- Wilhelm v. FedergreenAppellate Division of the Supreme Court of the State of New York · 1896
- Jay v. WilsonNew York Supreme Court · 1895
3Cited by9 opinions
- German-American Real Estate Title Guarantee Co. v. MeyersAppellate Division of the Supreme Court of the State of New York · 1898
- Stevenson v. FoxAppellate Division of the Supreme Court of the State of New York · 1899
- Schaefer v. . BlumenthalNew York Court of Appeals · 1901
- Merges v. RinglerAppellate Division of the Supreme Court of the State of New York · 1898
- Soma Realty Co. v. RomeoNew York Supreme Court · 1961
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