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Wallach v. Riverside Bank

Court of Appeals of New York

100 N.E. 50 (1912)

Relevant factsFree

Wallach (plaintiff) contracted to buy real estate from Riverside Bank (defendant), which could not provide clear title; he sought reimbursement of his down payment and title-examination costs, which the lower courts awarded him.

IssueFree

Whether a contract for the sale of real property in New York carries an implied warranty of marketable title unless the buyer expressly agrees to accept a defective title.

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