Emerick v. . Hackett
Cases that cite this one
6 later published cases cite this decision.
- Transcom, Inc. v. United States (United States Court of International Trade 2000)
- Tymon v. Linoki (N.Y. 1965)
- Herzing v. Hess (Wis. 1953)
- House v. Hornburg (Appellate Division of the Supreme Court of New York 1944)
- Buchwald v. Buchwald (Md. 1938)
- Chaudoir v. Witt (Wis. 1920)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We think the judgment of the trial court erroneous in having required the defendant to convey the lands by a “ warranty deed.” The contract of the parties was that the plaintiff should “ have the privilege of buying the farm ” of the defendant for $3,000, and it contained no provision for any covenants, or as to the form of the deed, upon the privilege being availed of. It was early settled in this state that in such cases the vendor was only bound to deliver a deed sufcient in law to pass the title. (Van Eps v Mayor, etc., of Schenectady, 12 Johns. 442; Ketchum v. Evertson, 13 ib. 359; Gazley v. Price, 16 ib. 267.)
As this farm was found to have been free from any liens or incumbrances at the time of the contract, it was proper to direct the defendant to convey it free from any such.
The judgment should be modified by striking therefrom the word “ warranty,” and as so modified should be affirmed, without costs in this court to either party.
Cullen, Ch. J., Gray, Vann, Werner, Willard Bartlett, Hiscock and Chase, JJ., concur.
Judgment accordingly.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.