Northridge v. Moore
| Decision Date | 31 January 1890 |
| Citation | 118 N.Y. 419,23 N.E. 570 |
| Parties | NORTHRIDGE v. MOORE. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from city court of New York, general term.
Action by William J. Northridge against Anson B. Moore. Plaintiff obtaining judgment, which was reversed by the general term, and he appeals.
VENDOR AND VENDEE-EXPENSE OF EXAMINING TITLE.
A vendor who fails to convey land according to contract, because the owner has failed to convey it to him as agreed, is liable to his vendee for the latter's expense in examining the title, though the vendee knew, when the contract was made, that the vendor had not yet acquired title.
John J. Macklin, for appellant.
Moore & Moore, for respondent.
The action was brought to recover damages for the alleged breach by the defendant of a contract by which he agreed to sell to the plaintiff, and convey to him by a full covenant warranty deed, certain premises situated in the township of Raritan, county of Monmouth, and state of New Jersey. At the time designated for the completion of the sale, the plaintiff was ready to perform the contract on his part, but the defendant was unable to convey the title to the premises, and a breach on the part of the latter was conceded at the trial. The plaintiff recovered $82.55, and interest, the amount of expenses incurred by the plaintiff in causing the examination of the title to be made. At the time the contract was made the defendant had no title to the property, but relied upon the performance by another, who had, by contract made about the same time, undertaken to convey the premises to him; and it was by reason of the failure of that party to do so that the defendant was unable to make the conveyance to the plaintiff. The defendant made the contract in good faith, and had the purpose to perform it, and the plaintiff then understood that the defendant did not have the title, but was informed and believed, at the time the contract was made, that the defendant would be able to procure it before the stipulated time for performance.
The vendee in a contract for the sale of land is not ordinarily entitled, upon breach in failure to convey, to recover of the vendor damages measured by the goodness of his bargain, or the financial benefit which would result from performance; and it is only when the vendor is, for some reason, chargeable with bad faith in the matter, that recovery beyond nominal damages on that account can be had. If the vendee has paid any of the purchase money, he may recover that back, and he may also recover such expenses as he has reasonably incurred in examination of the title to the property. This is the general rule. Conger v. Weaver, 20 N. Y. 140;Cockcroft v. Railroad Co., 69 N. Y. 201;Leggett v. Insurance Co., 53 N. Y. 394.
It is contended on the part of the defendant that the fact that it was known to the plaintiff, as well as the defendant, that the latter did...
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Spuches v. Royal View, Inc.
...bad faith, the vendee can recover only his downpayment and expenses. Cockcroft v. New York & H. R. R. Co., 69 N.Y. 201; Northridge v. Moore, 118 N.Y. 419, 23 N.E. 570. It is not necessary to determine whether in such a case expenses include an attorney's fee for preparing the contract as th......
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Atwood v. Walker
... ... 646. So, too, the vendee may recover for ... the expense of examining the title, if any such expense has ... been incurred. Northridge v. Moore, 118 N.Y. 419, 23 ... N.E. 570. If, however, a person contracts to sell lands which ... he knows at the time he has not the power to sell ... ...
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Montagnino v. Brojer
...as in the contemplation of the parties, and which may be treated as properly incidental to the contractual situation. Northridge v. Moore, 118 N.Y. 419, 23 N.E. 570; Mokar Properties Corp. v. Hall, App.Div. 1st Dept., 6 A.D.2d 536, at page 539, 179 N.Y.S.2d 814, at page In the case at bar, ......
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Laba v. Carey
...expenses incurred pursuant to the contract, such as costs for investigating title and reasonable attorney's fees (Northridge v. Moore, 118 N.Y. 419, 23 N.E. 570; Maupai v. Jackson, 139 App.Div. 524, 124 N.Y.S. 220; Mokar Properties Corp. v. Hall, 6 A.D.2d 536, 179 N.Y.S.2d 814). Nevertheles......