Hening v. Punnett
New York Court of Common Pleas
This was an action to recover damages for a breach of contract to purchase real estate. The complaint alleged that on April 4th, I860, an agreement was made between the plaintiff and defendant, by which the defendant agreed to purchase certain real estate of which the plaintiff was the owner. That this agreement was made through one Findlay, a broker, who thereupon became entitled to receive from the plaintiff the sum of $500 as commissions.
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This was an action to recover damages for a breach of contract to purchase real estate. The complaint alleged that on April 4th, I860, an agreement was made between the plaintiff and defendant, by which the defendant agreed to purchase certain real estate of which the plaintiff was the owner. That this agreement was made through one Findlay, a broker, who thereupon became entitled to receive from the plaintiff the sum of $500 as commissions. That defendant afterwards refused to perform his contract. That Findlay sued the plaintiff for his commission, and recovered a verdict for $500, for…
1Opinion of the Court
Daly, Ch. J.
—The plaintiff acquired and could convey a good title. He bought at a judicial sale, under a judgment of foreclosure in the Supreme Court, which judgment was subsequently affirmed by the Court of Appeals. The plaintiff, by his purchase at the judicial sale, obtained a good title, even if the judgment of foreclosure had been afterwards reversed, for the sale under the judgment was regular, no stay of proceeding having been obtained upon the appeal (Gray v. Brignardello, 1 Wallace, 627; Gordon v. Canal Co. 8 Am. Law Reg. N. S. 281; Holden v. Sackett, 12 Abb. Pr. 475 ; Breese v.…
2Cases cited4 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Abbott v. DraperNew York Supreme Court · 1847
- Dowdle v. CampNew York Supreme Court · 1815
- Holden v. SackettThe Superior Court of New York City · 1861
3Cited by6 opinions
- Steers v. LairdThe Superior Court of the City of New York and Buffalo · 1893
- Chase v. ChaseNew York Supreme Court · 1884
- Livingston v. BauchhensAppellate Division of the Supreme Court of the State of New York · 1938
- Carlton Properties Inc. v. BloomNew York Supreme Court · 1958
- Ebert v. HannemanNew York Supreme Court · 1910
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