Heim v. Schwoerer

Appellate Division of the Supreme Court of New York

Heim v. Schwoerer

115 A.D. 295, 100 N.Y.S. 808, 1906 N.Y. App. Div. LEXIS 3678

Appellate Division of the Supreme Court of the State of New York·Decided November 5, 1906·Published·Cited by 1 cases

Opinions

Houghton, J.:

The order should be affirmed on the authority of Dieterlin v. Miller (114 App. Div. 40); in which, on submission of controversy, plaintiff was relieved from his agreement to purchase premises sub-pet to a covenant less broad than that with -which the premises in ■<j lestion are incumbered. The fair interpretation of the terms of sale,'aside from the fact that it was a judicial sale, is that there were no other incumbrances' upon the premises than those specifically mentioned.

O’Brien, P. J., Ingraham and Clarke, JJ., concurred; Scott, J., dissented.

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Houghton, J.:

The order should be affirmed on the authority of Dieterlin v. Miller (114 App. Div. 40); in which, on submission of controversy, plaintiff was relieved from his agreement to purchase premises sub-pet to a covenant less broad than that with -which the premises in ■<j lestion are incumbered. The fair interpretation of the terms of sale,'aside from the fact that it was a judicial sale, is that there were no other incumbrances' upon the premises than those specifically mentioned.

O’Brien, P. J., Ingraham and Clarke, JJ., concurred; Scott, J., dissented.

Heim v. Schwoerer, 115 A.D. 295, 100 N.Y.S. 808, 1906 N.Y. App. Div. LEXIS 3678 (N.Y. Ct. App. 1906).

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