Heller v. . Cohen
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 17, 1896, which- reversed a judgment in favor of defendant entered upon a decision of the court dismissing the complaint upon the merits on trial at Special Term, and directed a judgment absolute in favor of the plaintiffs. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 17, 1896, which- reversed a judgment in favor of defendant entered upon a decision of the court dismissing the complaint upon the merits on trial at Special Term, and directed a judgment absolute in favor of the plaintiffs. The nature of the action and the facts, so far as material, are stated in the opinion. The obligation of the defendant to purchase was upon condition that the vendor had a good and marketable title of record, and if the evidence fell short of…
1Opinion of the CourtMartin, J.
On the fourth day of December, 1893, the parties to this action entered into a contract for the purchase and sale of certain real estate in the city of Hew York. The plaintiffs, in consideration of the sum of one hundred thousand dollars, five thousand dollars of ivhich ivas paid at the execution and delivery of the agreement, and the remainder to be paid on the delivery of the deed on or before the first day of February, 1894, agreed to sell to the defendant certain premises which were described therein as follows : £* Beginning on the southerly side of Grand street at a point distant…
2Cases cited20 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Vought v. . WilliamsNew York Court of Appeals · 1890
- Shriver v. . ShriverNew York Court of Appeals · 1881
- Foot v. Ætna Life Insurance Co. of HartfordNew York Court of Appeals · 1875
- Seymour v. DelanceyNew York Court of Chancery · 1822
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3Cited by76 opinions
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Hinkley v. . State of New YorkNew York Court of Appeals · 1922
- Regan v. LanzeNew York Court of Appeals · 1976
- Howe v. CoatesSupreme Court of Minnesota · 1906
- Moot v. . Business Men's Investment Assn.New York Court of Appeals · 1898
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