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

New York Investors, Inc., Appellant, v. Manhattan Beach Bathing Parks Corporation Et Al., Respondents

N.Y. Investors, Inc. v. Manhattan Beach Bathing Parks Corp., 176 N.E. 6 (N.Y. 1931)
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Court
New York Court of Appeals · State Highest Courts
Decided
April 14, 1931
Judges
<italic>Per Curiam.</italic>
Citations
176 N.E. 6256 N.Y. 1621931 N.Y. LEXIS 1040

Opinion of the Court — Per Curiam

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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 18 cases

View all citing references →
1931: 11934: 11953: 11956: 11957: 21958: 11959: 11960: 21961: 11971: 11974: 21978: 11983: 21991: 119312026peak 1957 · 2

Relies on it most ⓘ

  1. Laba v. Carey277 N.E.2d 641 (N.Y. 1971)
  2. Hudson-Port Ewen Associates, L.P. v. Chien Kuo165 A.D.2d 301 (1991)
  3. Gilchrest-Great Neck, Inc. v. Byers27 Misc. 2d 1078 (N.Y. Sup. Ct. 1960)
  4. Kopp v. Barnes10 A.D.2d 532 (1960)
  5. Plimpton v. Mattakeunk Cabin Colony, Inc.9 F. Supp. 288 (D. Conn. 1934)
  6. Kipahulu Investment Co. v. Seltzer Partnership675 P.2d 778 (Haw. App. 1983)

Most recent

  1. Hudson-Port Ewen Associates, L.P. v. Chien Kuo165 A.D.2d 301 (1991)
  2. Kipahulu Investment Co. v. Seltzer Partnership675 P.2d 778 (Haw. App. 1983)
  3. Rego Crescent Corp. v. Flagship Air Service Transfer, Inc. (In re Rego Crescent Corp.)29 B.R. 953 (E.D.N.Y. 1983)
  4. Taccone v. Di Renzi92 Misc. 2d 786 (N.Y. Sup. Ct. 1978)
  5. Creative Living, Inc. v. Steinhauser78 Misc. 2d 29 (N.Y. Sup. Ct. 1974)
  6. Newmark v. Weingrad43 A.D.2d 983 (1974)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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