Ruess v. Ewen
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by Jacob Ruess against Abbie L. Ewen. Judgment for defendant, and plaintiff appeals.
1Opinion of the CourtMcLAUGHLIN, J.
In 1894 the plaintiff and the defendant entered Into a contract for the purchase and sale of certain real estate in *358the city of New York, and at the time of the execution of the contract the plaintiff paid, to apply thereon, the sum of $500, and he thereafter expended $300 in searching the title. At the time fixed for the final closing of the contract the plaintiff refused to accept a deed or pay the balance of the purchase money, upon the ground that the. defendant did not have a marketable title; and he then demanded a return of the money theretofore paid, and. the expenses incurred by him.…
2Cases cited7 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Moore v. . WilliamsNew York Court of Appeals · 1889
- Heller v. . CohenNew York Court of Appeals · 1897
- Irving v. . CampbellNew York Court of Appeals · 1890
- McPherson v. . SchadeNew York Court of Appeals · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Howe v. CoatesSupreme Court of Minnesota · 1906
- Campbell v. HarshSupreme Court of Oklahoma · 1912
- In re the Real Estate of DonaghyOrphan's Court of Delaware · 1911