Bohm v. Fay

Decided December 15, 1886

New York Supreme Court · decided 1886-12-15

Appeal by the defendant from a judgment for specific performance recovered upon a trial at Special Term, Rudolph Bolim† brought this action against Michael Fay to compel the specific performance of a contract by defendant to purchase the premises known as No. 33|- Stanton street in the city of New York.

Decided 1886-12-15

Daniels, J. (concurring).

¶1Without intrenching on the

¶2salutary rule that a purchaser will not be required to accept a doubtful title, this judgment seems to be right. The authorities were examined in Ottinger v. Strasburger, 33 Hun., 466,* and this rule was considered to sanction an action for specific performance where the leading facts were in principle similar to those appearing here. I agree, therefore, to an affirmance of the judgment.

¶3Macomber, J., concurred.

¶4 Affirmed by the Court of Appeals, June, 1886,. without opinion.