Reports of Cases Heard And Determined in the Appellate Division ..., volume 101
Reports of Cases Heard And Determined in the Appellate Division ..., volume 101
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J., Bartlett and Hooker, JJ., concurred.
In each case judgment of the Municipal Court affirmed, with costs.
Louis Messer, Respondent, v. Samuel Aaron, Appellant.
BiU of particulars in an aetion for tpedfic performance of a contra^ to convey land — when a party mil not he required to epecify in detail oljections to the title appearing of record — discretion of the Special 2'enn, when not interfered icith by the Appellate Division —office of a hill of particulars.
The com plaint in an action brou...ght for the specific performance of a contract for the conveyance of land, alleged, among other things, that the defendant was " unable and unwilling to make the conveyance of the said premises in accord- ance with the said contract/' The defendant having moved for a bill of par- ticulars, " setting forth in detail the particulars in respect to which plaintiff claims that the defendant was unable to convey the premises," the plaintiff, pursuant to an order of the court made upon his default, served a bill of par- ticulars stating that " the plaintiff claims that the defendant was unable to give a good and marketable title to the premises described in the complaint herein, in accordance with the contract referred to in the said complaint because Tarious grantees of Gilbert Thatford, the original owner of the premises in question with other lands on the east side of Thatford avenue, have or claim an easement or right of way over a strip of land on the easterly side of That* ford ayenue, ten (10) feet in width, including the premises in question." Digitized by VjOOQIC 170 MESSER V.
What to read after Reports of Cases Heard And Determined in the Appellate Division ..., volume 101?
You can find similar books in the "Read Also" column, or choose other free books by New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Jerome B. Fisher, Austin B. Griffin to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
J., Bartlett and Hooker, JJ., concurred.
In each case judgment of the Municipal Court affirmed, with costs.
Louis Messer, Respondent, v. Samuel Aaron, Appellant.
BiU of particulars in an aetion for tpedfic performance of a contra^ to convey land — when a party mil not he required to epecify in detail oljections to the title appearing of record — discretion of the Special 2'enn, when not interfered icith by the Appellate Division —office of a hill of particulars.
The com plaint in an action brou...ght for the specific performance of a contract for the conveyance of land, alleged, among other things, that the defendant was " unable and unwilling to make the conveyance of the said premises in accord- ance with the said contract/' The defendant having moved for a bill of par- ticulars, " setting forth in detail the particulars in respect to which plaintiff claims that the defendant was unable to convey the premises," the plaintiff, pursuant to an order of the court made upon his default, served a bill of par- ticulars stating that " the plaintiff claims that the defendant was unable to give a good and marketable title to the premises described in the complaint herein, in accordance with the contract referred to in the said complaint because Tarious grantees of Gilbert Thatford, the original owner of the premises in question with other lands on the east side of Thatford avenue, have or claim an easement or right of way over a strip of land on the easterly side of That* ford ayenue, ten (10) feet in width, including the premises in question." Digitized by VjOOQIC 170 MESSER V.
What to read after Reports of Cases Heard And Determined in the Appellate Division ..., volume 101?
You can find similar books in the "Read Also" column, or choose other free books by New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Jerome B. Fisher, Austin B. Griffin to read onlineMoreLess
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