Commercial Law Keyed to Lopucki
Patterson v. Meyerhofer
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Plaintiff agreed to sell and Defendant agreed to buy four parcels of land including the houses on the land for $23,000.00 to be paid partly in cash and partly by taking title subject to certain mortgages on the property. At the time the contract was executed, the Defendant knew that the Plaintiff was not the owner of the premises he agreed to sell. He expected to acquire title by purchasing it at a foreclosure sale. Before the foreclosure sale took place, Defendant informed the Plaintiff that she would not perform under the contract and would buy the premises herself. She bought the four parcels of land for $5,595.00 each. The Plaintiff also attended the foreclosure sale ready to purchase the parcels of land but was out bid by the Defendant. Defendant acquired the four parcels of land for $620.00 less than she was obligated under the contract. The foreclosure sale also included a fifth house, which was not mentioned in the contract. The Plaintiff’s complaint indicated that the re was parole agreement, which provided that Plaintiff should buy all five houses at the foreclosure sale and should convey four to the Defendant and keep one for himself. Plaintiff brought this action for a judgment that Defendant convey the fifth house to the Plaintiff and declare that Plaintiff had a lien upon the premises purchased by the Defendant at the foreclosure sale, and that Defendant holds the parcels in trust for the Plaintiff subject to the contract. Plaintiff also requests the sum of $620.00 in damages, the difference between the price, which the Defendant paid and the price she would have paid the Plaintiff. The Special Term rendered judgment in favor of the Defendant, holding that the parties were free to act for his own interests.
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