Paul v. Swears
Appellate Division of the Supreme Court of the State of New York
"Appeal by the defendant, Allie D. Swears, from a judgment of the County Court of. Warren county in favor- of the plaintiff, entered in the office of the clerk of said county on the 13th day of October, 1909, upon the decision of the court rendered after a trial before the court without a jury.
1Opinion of the Court
Cochrane, J.:
This is an-action by a vendor in an executory contract for the sale of. real estate to require specific perf ormarice thereof by his grantee *639The contract was made June 23, 1908. By its terms the plaintiff agreed to sell to the defendant a farm “ consisting of 48 acres, more or less,” for the sum of $5,500, to be paid when the plaintiff should furnish a warranty deed and a search of the property showing that the same was free and clear of incumbrance. The contract also included substantially all the personal property on the farm. The defendant paid $450 on account of the purchase…
2Cases cited3 opinions
- Thomas v. . BeebeNew York Court of Appeals · 1862
- Johnson v. . TaberNew York Court of Appeals · 1852
- Sprague v. GriffinAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Goodman v. FisherNew York Supreme Court · 1954
- Proffitt v. BerlyCourt of Appeals of Texas · 1929