Bulkley v. Rouken Glen, Inc.

Decision Date19 July 1928
Citation162 N.E. 560,248 N.Y. 647
PartiesHenry D. BULKLEY, Respondent, v. ROUKEN GLEN, Inc., Appellant.
CourtNew York Court of Appeals Court of Appeals

OPINION TEXT STARTS HERE

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the Second Judicial Department (222 App. Div. 570, 226 N. Y. S. 544), entered February 8, 1928, unanimously affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term in an action to compel specific performance of a contract of sale by defendant to plaintiff of certain real property or for damages, it appearing that defendant could not convey an unincumbered title.

Michael D. Reilly, of Albany, for appellant.

Harold B. Elgar, of New York City, for respondent.

PER CURIAM.

Judgment affirmed, with costs.

CARDOZO, C. J., and POUND, ANDREWS, LEHMAN, KELLOGG, and O'BRIEN, JJ., concur.

CRANE, J., not sitting.

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