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Reports of Cases Decided in the Appellate Division of the Supreme Court of the State of New York Volume 25 pdf

Reports of Cases Decided in the Appellate Division of the Supreme Court of the State of New York Volume 25 pdf

Reports of Cases Decided in the Appellate Division of the Supreme Court of the State of New York Volume 25 by New York Supreme Division

Reports of Cases Decided in the Appellate Division of the Supreme Court of the State of New York Volume 25
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Author: New York Supreme Division
Page Count: 300 pages
Published Date: 13 Sep 2013
Publisher: Rarebooksclub.com
Publication Country: United States
Language: English
ISBN: 9781230108308
File size: 12 Mb
File Name: Reports.of.Cases.Decided.in.the.Appellate.Division.of.the.Supreme.Court.of.the.State.of.New.York.Volume.25.pdf
Download Link: Reports of Cases Decided in the Appellate Division of the Supreme Court of the State of New York Volume 25
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1898 edition. Excerpt: ...delivered and recorded, conveying said premises pursuant to such agreenient." (3 R. S. 9th ed. 2640.) By virtue of these provisions the plaintiff asserts that his assignor, who performed labor and furnished materials in moving and altering the dwelling upon the property under the contract with the vendee in possession, acquired a lien against the 'interest of the vendor. The vendee, Christina McNally, who contracted with the plaintiff's assignor, did not answer, and does not contest the claim of the plaintiff. Brid-get Slater, the vendor of the premises, alone defends and contests the right of the plaintiff to establish a lien upon her interest in the property. The provision above quoted from the 5th section of the Mechanics' Lien Law did not provide for or embrace the case at bar. This provision was not intended to embrace, and does not embrace, the casein which the owner in fee of land has contracted in good faith to sell and convey it to a vendee, who has the right of possession of the land under the contract, provided the contract of sale was executed and possession thereunder given before the contract was made by the vendee for constructing or altering the buildings, and provided the contract of sale does not provide that the vendee shall erect a building on the premises. This provision of the statute was intended to provide for and embrace a class of contracts common in the cities of this State, by which the owner of the fee of a lot by an executory contract agrees to sell and subsequently convey it, and by the same contract binds the vendee to erect a building thereon of a prescribed kind and within a time fixed. Such contracts usually provide that the vendor shall advance money to the vendee from time to...

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