Buttron v. Tibbitts

New York Supreme Court

Buttron v. Tibbitts

10 Abb. N. Cas. 41

DecidedMay 15, 1881

StatusPublished

This text of 10 Abb. N. Cas. 41 (Buttron v. Tibbitts) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Buttron v. Tibbitts, 10 Abb. N. Cas. 41 (N.Y. Super. Ct. 1881).

Pincite

Opinion

Learned, J.

The premises were, by the terms of [42]*42sale, sold subject to taxes, assessments and incumbrances. There is, therefore, no reason why the loss should fall on the owners rather than on the purchaser. They are not to blame any more than she is, nor as much; for she knew the terms and purchased at her own risk. Furthermore, the purchaser does not even now ask to be relieved from her bargain on the ground of a mutual mistake, but she wishes the court to make a new bargain between the parties. This ought not to be done. Therefore the plaintiff’s motion should be granted.-

Ordered accordingly.

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Learned, J.

The premises were, by the terms of [42]*42sale, sold subject to taxes, assessments and incumbrances. There is, therefore, no reason why the loss should fall on the owners rather than on the purchaser. They are not to blame any more than she is, nor as much; for she knew the terms and purchased at her own risk. Furthermore, the purchaser does not even now ask to be relieved from her bargain on the ground of a mutual mistake, but she wishes the court to make a new bargain between the parties. This ought not to be done. Therefore the plaintiff’s motion should be granted.-

Ordered accordingly.

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Bluebook (online)

10 Abb. N. Cas. 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buttron-v-tibbitts-nysupct-1881.