Ferber v. Farber

Appellate Division of the Supreme Court of New York

Ferber v. Farber

7 A.D.2d 926, 183 N.Y.S.2d 1004, 1959 N.Y. App. Div. LEXIS 9908

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 16, 1959

StatusPublished

This text of 7 A.D.2d 926 (Ferber v. Farber) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ferber v. Farber, 7 A.D.2d 926, 183 N.Y.S.2d 1004, 1959 N.Y. App. Div. LEXIS 9908 (N.Y. Ct. App. 1959).

Pincite

Opinion

In an action by the vendee named in a contract for the purchase and sale of real property to recover the payments made on account thereof, to adjudge that he has a lien upon the real property, and to foreclose said lien, the appeal is from a judgment dismissing the complaint after trial. The contract was contingent upon the obtaining of a mortgage by the vendee “for not less than 25 years duration ”. The vendee refused a 25-year self-liquidating mortgage, contending that the quoted provision did not require that he accept an amortized mortgage. The Special Term found that the provision was ambiguous, took proof of the circumstances surrounding the execution of the contract, and held that the parties intended that the vendee would be required to accept a self-liquidating mortgage. Judgment unanimously affirmed, without costs. No opinion. Present — Wenzel, Acting P. J., Beldoek, Murphy, Ughetta and Kleinfeld, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action by the vendee named in a contract for the purchase and sale of real property to recover the payments made on account thereof, to adjudge that he has a lien upon the real property, and to foreclose said lien, the appeal is from a judgment dismissing the complaint after trial. The contract was contingent upon the obtaining of a mortgage by the vendee “for not less than 25 years duration ”. The vendee refused a 25-year self-liquidating mortgage, contending that the quoted provision did not require that he accept an amortized mortgage. The Special Term found that the provision was ambiguous, took proof of the circumstances surrounding the execution of the contract, and held that the parties intended that the vendee would be required to accept a self-liquidating mortgage. Judgment unanimously affirmed, without costs. No opinion. Present — Wenzel, Acting P. J., Beldoek, Murphy, Ughetta and Kleinfeld, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

7 A.D.2d 926, 183 N.Y.S.2d 1004, 1959 N.Y. App. Div. LEXIS 9908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferber-v-farber-nyappdiv-1959.