Pierce v. Tuttle — 57 N.Y. 636

Majority

p. 636

Azarial B. Pierce, Appellant, v. Orrin H. Tuttle, Respondent.

(Submitted September 29, 1873;

decided January Term, 1874.)

Headnote

■ This was an action upon a contract by which plaintiff agreed to sell and convey to defendant certain premises by warranty deed free of incumbrances, save two' mortgages specified, for the sum of §5,200, which defendant agreed to pay as specified.

p. 637

There was another mortgage upon the premises. Plaintiff tendered a deed, defendant refused to accept or to complete the purchase. Plaintiff was nonsuited. Held, no error.

G. O. Rathbun for the appellant.

Rollin Tracy for the respondent.

reads for affirmance.

All concur.

Judgment affirmed.