Beebe v. Dowd
New York Supreme Court
APPEAL from a judgment entered at a special term, after a trial at the circuit, before the court, without a jury. The plaintiff in his complaint alleged that he was the owner in fee simple, and entitled to the possession of a certain parcel of land in the village of Port Byron ; that the defendant was in the actual possession of said premises, claiming title thereto or some interest therein, and that he unlawfully and wrongfully withheld the possession thereof from the…
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APPEAL from a judgment entered at a special term, after a trial at the circuit, before the court, without a jury. The plaintiff in his complaint alleged that he was the owner in fee simple, and entitled to the possession of a certain parcel of land in the village of Port Byron ; that the defendant was in the actual possession of said premises, claiming title thereto or some interest therein, and that he unlawfully and wrongfully withheld the possession thereof from the plaintiff, and the plaintiff demanded judgment for the surrender of the possession of said premises with $250 damages, for…
1Opinion of the Court
By the Court, T. R. Strong, J.
The learned justice before whom this cause was tried, as appears from the opinion delivered by him, inclined to think that if the defendant had tendered to the plaintiff such a deed as he Was to give, before the commencement of the action, the defense set up would be valid and sufficient, and the defendant would be entitled to a judgment for a *258conveyance to him by the plaintiff of the premises in question. This implies, that in the view of the justice the defendant had substantially performed on his part in all other respects the contract between the parties, and…
2Cited by7 opinions
- Gilbert v. SleeperCalifornia Supreme Court · 1886
- Wormser v. Metropolitan Street Railway Co.New York Court of Appeals · 1906
- Mann v. City of UticaNew York Supreme Court · 1872
- Norris v. United Mineral Products Co.Wyoming Supreme Court · 1945
- Reimer v. DoergeNew York Marine Court · 1881
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