Merolla v. Lane
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louis Merolla, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 16th day of April,' 1907, upon the decision of the court, rendered after a trial at'the New York Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Ingraham, J.:
The defendant agreed to sell to the plaintiff certain real property the title to which the plaintiff 'refused- to accept upon the ground that the defendant could not give a marketable title. ' This action was then brought for a specific performance of the contract. The court found that the defendant had a marketable title and dismissed’ the complaint. The property was owned by one Elihu Phinney, who died, leaving a last will and testament by which he devised the property to his four surviving children, One of these children, *537Henry F. Phinney, and his wife conveyed an undivided…
2Cases cited3 opinions
- Mutual Life Insurance v. ShipmanNew York Court of Appeals · 1890
- Weinstein v. . WeberNew York Court of Appeals · 1904
- Weinstein v. WeberAppellate Division of the Supreme Court of the State of New York · 1901