Close v. William M. Calder Co.
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of- facts pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
WOODWARD, J. :
The plaintiff and defendant entered into a contract for the purchase and sale of certain real estate situated in the borough of Brooklyn. The contract provided that the plaintiff should deliver to the defendant a full covenant and warranty deed of the premises, free from all incumbrances. The defendant objects on the ground that the title offered by the plaintiff is unmarketable, for the reason that the plaintiff derives title through a partition sale in which she was' plaintiff and Andrew Blakistone and his four minor children were defendants, and that the service through an…
2Cases cited1 opinion
- Mishkind-Feinberg Realty Co. v. . SidorskyNew York Court of Appeals · 1907
3Cited by2 opinions
- Barth v. OwensCity of New York Municipal Court · 1942
- Hollender v. WallaceAppellate Division of the Supreme Court of the State of New York · 1915