Post v. West Shore & Buffalo Railway Co.
New York Court of Appeals
Appeal from judgment of the supreme court, general .term,' third department, affirming judgment in favor of, plaintiff after a. trial by the court at circuit without a jury.
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Appeal from judgment of the supreme court, general .term,' third department, affirming judgment in favor of, plaintiff after a. trial by the court at circuit without a jury. This action was to enforce the specific performance oi an alleged! covenant for the reconstruction and restoration of a public road and the construction of a railroad crossing, contained in a deed executed by the plaintiff to the New York, West Shore & Buffalo Bailway Company, dated February 8,1882, conveying a strip of land running northerly and southerly through the plaintiff’s farm, in the town of Catskill, in the…
1Opinion of the CourtAndrews, J.
The Hew York, West Shore & Buffalo Com-
pany, by the acceptance of the deed of February 8, 1882, became bound to perform the obligation recited therein to locate the high way on the westerly side of the strip of land conveyed by the deed and to construct a crossing for the use of the plaintiff. The undertaking of the corporation was a part of the consideration of the grant; and although the deed was not signed and sealed by •the corporation, it became effectual on delivery to, and acceptance of, the same by the grantee as a contract on its part to perform the undertaking recited, Atlantic Dock…
2Cases cited2 opinions
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
- People Ex Rel. Green v. Dutchess & Columbia RailroadNew York Court of Appeals · 1874
3Cited by11 opinions
- Miller v. . ClaryNew York Court of Appeals · 1913
- Taylor v. Florida East Coast Railway Co.Supreme Court of Florida · 1907
- Nicholson v. 300 Broadway Realty Corp.New York Court of Appeals · 1959
- Greenfarb v. R. S. K. Realty Corp.New York Court of Appeals · 1931
- In re the Arbitration between Grayson-Robinson Stores, Inc. & Iris Construction Corp.New York Court of Appeals · 1960
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