Sasserath v. Metzgar
The Superior Court of the City of New York and Buffalo
Action by Theresa Sasserath against Bernhard Metzgar for specific performance of a contract to exchange real estate. Judgment for plaintiff.
1Opinion of the CourtMcADAM, J.
The bill is to specifically enforce a contract for the exchange of real property. The title is unobjectionable, and all the land is there. The defense urged is, that part of the northerly wall of the plaintiff’s building stands one inch upon the sidewalk or public street, and part of the easterly wall stands a little over an inch on the public sidewalk or street on that side. There can be no doubt that, on the sale of a house and lot, the vendee is entitled to receive title to the land with four walls to the house, and these should stand on the land conveyed, that the purchaser may acquire an…
2Cases cited11 opinions
- Baron v. . KornNew York Court of Appeals · 1891
- Hendricks v. . StarkNew York Court of Appeals · 1867
- Griffith v. McCullumNew York Supreme Court · 1866
- Adler v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1893
- Aiken v. BenedictNew York Supreme Court · 1863
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3Cited by1 opinion
- Stearn v. HesdorferNew York Court of Common Pleas · 1894