Moot v. . Business Men's Investment Assn.
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered October 31,1895, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was to recover one thousand dollars purchase money paid upon a land contract, and three hundred dollars for the services of an attorney in examining the title to the premises which were the subject of purchase and sale.
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Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered October 31,1895, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was to recover one thousand dollars purchase money paid upon a land contract, and three hundred dollars for the services of an attorney in examining the title to the premises which were the subject of purchase and sale. The defendant, after denying many of the material facts alleged in the complaint and admitting others, set up as a counterclaim the…
1Opinion of the CourtMartin, J.
The right of recovery in this action is based upon the theory that the defendant was guilty of a breach of the contract between the parties, and, hence, the plaintiff is entitled to recover the amount paid thereon, together with the expenses he incurred in examining the defendant’s title. The alleged breach of the contract was based on the claim that the defendant’s title to the premises was defective and not satisfactory to the plaintiff, and that the defendant could not convey a good and satisfactory title. The plaintiff’s first objection was that the defendant had no record title to the…
2Cases cited13 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- City of Brooklyn v. . Brooklyn City R.R. Co.New York Court of Appeals · 1872
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Shriver v. . ShriverNew York Court of Appeals · 1881
- Heller v. . CohenNew York Court of Appeals · 1897
8 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Public Service Elec. and Gas Co. v. WaldroupNew Jersey Superior Court Appellate Division · 1955
- Ballurio v. CastelliniNew Jersey Superior Court Appellate Division · 1954
- State v. Hudson County News Co.Supreme Court of New Jersey · 1961
- Blessing v. T. Shriver and Co.New Jersey Superior Court Appellate Division · 1967
- Ogg v. HermanMontana Supreme Court · 1924
27 more not listed; retrieve them via the Exa API.