SHAY v. MITCHELL


50 A.D.2d 404 (1976)

Harold A. Shay, Respondent, v. Barbara C. Mitchell, as Executrix of William B. Mitchell, Deceased, et al., Appellants

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

January 16, 1976


Attorney(s) appearing for the Case

Robert J. Kane (J. Paul Brennan of counsel), for appellants.

Harris, Beach & Wilcox (Douglas S. Gates of counsel), for respondent.

CARDAMONE, J.P., SIMONS and MAHONEY, JJ., concur, GOLDMAN, J., not participating.


WITMER, J.

This appeal presents the question whether a contract to buy a parcel of land and the conveyance thereof described by metes and bounds but concluding with the clause, "said parcel of land contains 40 acres of land, more or less", entitles the purchaser to an abatement of the price upon discovering nearly two years after the conveyance that the parcel contained only 31 acres. On the facts of this case...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases