McANDREW v. LANPHEAR


280 A.D. 6 (1952)

Frances T. McAndrew et al., Respondents, v. William R. Lanphear, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 12, 1952.


Attorney(s) appearing for the Case

W. Earle Costello for appellant.

Cole & Walker for respondents.

Present — TAYLOR, P. J., McCURN, VAUGHAN, KIMBALL and PIPER, JJ.


McCURN, J.

This action is to compel specific performance of a contract for the purchase of real property. The defense is that the seller has not tendered a marketable title. The appeal is from a judgment in favor of the plaintiff's entered upon the decision of an Official Referee.

On April 29, 1882, John W. Conlogue conveyed the parcel of land here in question to the Keuka Lake Club. The deed contained the...

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