New York Court of Appeals April 3, 1877 (Cockcroft v. New York & Harlem Railroad)

Miller, J.

The rule is well settled that where a vendor enters into a contract to sell and convey real estate under a belief that he has a good title, and that the same is free from incumbrances, with covenants of warranty and against such

*204

incumbrances, and he fails to perform for the reason that the title is defective, or an incumbrance unknown to him previously is discovered, which