Stuyvesant v. Weil
New York Supreme Court
This is an action brought by the vendee in an executory contract for the sale of lands, to compel specific performance by the vendor, and in case such performance cannot be had, then that the plaintiff have judgment for the moneys paid upon said contract, and the legal expenses incurred in the examination of the title of said lands. The further facts appear in the opinion.
1Opinion of the CourtWerner, J.
This case was presented upon a stipulation and proofs which established the following facts: On the 2d day of May, 1895, one Edward L. Lawrence was seized in fee of the premises described in the complaint. On that day he executed and delivered to Simon Pretzfield, Emma Pretzfield and Isaac N. Heidelberg, as.executors of, and trustees under, the last will and testament of William Pretzfield, deceased, a mortgage upon said premises to secure payment of the sum of $43,000, on the 2d day of May, 1900, with interest at the rate of 5 per cent., payable half-yearly, on May 2d and November 2d.
On the…
2Cases cited19 opinions
- Lough v. . OuterbridgeNew York Court of Appeals · 1894
- Potter v. . Merchants' BankNew York Court of Appeals · 1863
- In Re the Distribution of the Proceeds of the Sale of the Real Estate of StilwellNew York Court of Appeals · 1893
- Smith v. . Central Trust Co.New York Court of Appeals · 1897
- Farnham v. HildrethNew York Supreme Court · 1860
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3Cited by4 opinions
- Hinderager v. MacGinnissMontana Supreme Court · 1921
- Simon v. UnderwoodCity of New York Municipal Court · 1908
- Prudence Co. v. SussmanNew York Supreme Court · 1932
- Board of Hudson River Regulating District v. De LongNew York Supreme Court · 1929