Von Bargen v. Ginsberg

Headnote

Vendor and purchaser — contract — specific performance — contract for sale of city lot described by street 'and number and showing quantity of land to be conveyed — specific performance denied for variance in quantity.

Von Bargen v. Ginsberg, 218 App. Div. 545 , affirmed.

Appeal from a judgment, entered December 30, 1926, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The action was to compel specific performance of a contract to purchase real property described therein as “ Property known as and by the street number 1441 Bedford Avenue, being an eight-family brick and stone apartment building on a' lot about 33 by 95, irregular.” On the trial it was shown that the dimensions of the plot were thirty-three feet one and one-quarter inches fronting on Bedford avenue, ninety-three feet ten inches in depth on the northerly side, ninety-eight feet five and three-quarters inches in depth on the southerly side, both north and south dimensions tapering to the rear where the width was but fourteen feet one and one-half inches. The Appellate Division held that the quantity of land which the plaintiff was actually able to convey was not a compliance with the contract.