Home/New York Court of Appeals/New York Investors, Inc. v. Manhattan Beach Bathing Parks Corp.

New York Investors, Inc. v. Manhattan Beach Bathing Parks Corp.

176 N.E. 6, 256 N.Y. 162, 1931 N.Y. LEXIS 1040
CourtNew York Court of Appeals
DecidedApril 14, 1931
StatusPublished
Cited by18 cases

This text of 176 N.E. 6 (New York Investors, Inc. v. Manhattan Beach Bathing Parks Corp.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
New York Investors, Inc. v. Manhattan Beach Bathing Parks Corp., 176 N.E. 6, 256 N.Y. 162, 1931 N.Y. LEXIS 1040 (N.Y. 1931).

Opinion

Per Curiam.

The contract of sale provided that the plaintiff’s title should be approved and insured by the Title Guarantee and Trust Company before the defendant should be obligated to accept the title and pay the purchase price. The record does not disclose an unequivocal approval of the title by the Title Guarantee and Trust Company. The defendant was not, therefore, bound to accept the title tendered.

We have examined the other questions urged by the appellant but deem it unnecessary to express any opinion in regard to them in view of our conclusion that there *165 was not such an approval of the title by the title company as to require the defendant to go on with the contract. We leave the question open whether approval, if given, would have been a sufficient answer to the objection that the title was unmarketable.

The judgment should be affirmed, with costs.

Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg, O’Brien and Hubbs, JJ., concur.

Judgment affirmed.

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Bluebook (online)
176 N.E. 6, 256 N.Y. 162, 1931 N.Y. LEXIS 1040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-investors-inc-v-manhattan-beach-bathing-parks-corp-ny-1931.