Delavan v. . Duncan
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon the decision of the court at Special Term. The action was brought for the specific performance of a contract. The substance of the contract and the facts are set forth in the opinion. The agreement was simply “ to sell,” and defendant was not hound to give a warranty deed, or one with covenant against incumbrances.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon the decision of the court at Special Term. The action was brought for the specific performance of a contract. The substance of the contract and the facts are set forth in the opinion. The agreement was simply “ to sell,” and defendant was not hound to give a warranty deed, or one with covenant against incumbrances. (Ketcham v. Swab, 13 J. R., 359; Van Eps v. Corporation of Schenectady, 12 J. R., 436; Nixon v. Hyserott, 5 id., 58; Gazeley v.…
1Opinion of the CourtGboveb, J.
The contract of the appellant to sell to the respondent the lands therein described required the former to convey the same to the latter as specified. This is conceded by the counsel of the appellant; but he insists that the execution and delivery by the appellant of a deed, that would invest the respondent with such title as the appellant had, would be a performance of the obligation although such title was not perfect or free from incumbrances. Van Eps v. The Corporation of Schenectady (12 Johns., 436); Gazley v. Price (16 id., 267), and Parker v. Parmele (20 id., 130), are cited in support…
2Cases cited2 opinions
- Taylor v. LongworthSupreme Court of the United States · 1840
- Van Eps v. Mayor of SchenectadyNew York Supreme Court · 1815
3Cited by28 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Lux v. HagginCalifornia Supreme Court · 1886
- Merchants' Bank v. . ThomsonNew York Court of Appeals · 1873
- Groesbeck v. . MorganNew York Court of Appeals · 1912
- Combs v. ScottWisconsin Supreme Court · 1890
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