171 N.E. 390 | NY | 1930
The complaint demands judgment for a sum of money constituting a down payment under a contract of sale and to impress a lien for that amount as well as for expenses.
By written agreement plaintiff contracted to purchase real property in Brooklyn and defendant to convey it by deed containing full covenants and warranty. The sale was stipulated to cover whatever right, title and interest defendant might possess in the bed of streets in front of the premises, but there is no allegation and no proof of representation that defendant has any title therein. The premises are described by metes and bounds as beginning at the corner of two streets and running along their sides. Accordingly, these highways are excluded from the description of the property agreed to be conveyed. (VanWinkle v. Van Winkle,
The existence of sewers and water-mains in a highway, even where the fee is in the abutting owner, does not constitute an incumbrance. (Fossume v. Requa,
The judgment of the Appellate Division should be reversed, and the order of the Special Term affirmed, with costs in the Appellate Division and in this court.
CARDOZO, Ch. J., POUND, CRANE, LEHMAN, KELLOGG and HUBBS, JJ., concur.
Judgment accordingly. *324