Sabriski v. Veloski
New York Supreme Court
Trial by the court in an action for specific performance ■of contract to exchange real property. The opinion sufficiently states the facts.
1Opinion of the CourtBeach, J.
By a written agreement, dated September 10,1889, the plaintiff and defendants agreed to an exchange of real properties owned by them respectively in this city. That of the defendants was described as being twenty-five feet wide, and it is but twenty-four. The plaintiff brings suit to enforce a specific performance, with compensation to her for the deficiency of one foot. There is a divergence in the evidence upon the subject of what was said about the dimensions of defendants’ lot when the contract was executed. From the peculiar mention of its depth in the agreement, in connection with the…
2Cases cited4 opinions
- Bostwick v. . BeachNew York Court of Appeals · 1886
- Sternberger v. . McGovernNew York Court of Appeals · 1874
- Smyth v. . SturgesNew York Court of Appeals · 1888
- Beck v. AllisonNew York Court of Common Pleas · 1873
3Cited by2 opinions
- Merges v. RinglerAppellate Division of the Supreme Court of the State of New York · 1898
- Sasserath v. MetzgarThe Superior Court of New York City · 1893