Lyon v. . Hersey
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made January 13,1885, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made January 13,1885, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated in the opinion. The expression in the contract “said bark” (from Brantingham lots) “to be used there in carrying said tannery on,” is a limitation and not a condition ; the executors could not make'a condition under the power, as owners might. (Girard on Titles [2d ed.], 124.) The…
1Opinion of the Court
Ruger, Ch. J.
The complaint in this action was framed to procure a decree, annulling an executory contract between certain of the plaintiffs, as executors of the estate of Lyman B. Lyon, vendors, and the firm of C. J. Lyon & Co. as vendees for the sale of the hemlock bark on the Brantingham tract in Lewis county, and to determine the ownership of that portion of such bark as was then cut, but not removed from the premises. The action is based upon the claim that the destruction of the Moose River tannery, rendered the performance by the vendees of an alleged implied agreement, to use it…
2Cases cited6 opinions
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Craig v. . WellsNew York Court of Appeals · 1854
- Groat v. . MoakNew York Court of Appeals · 1883
- Barruso v. MadanNew York Supreme Court · 1807
- McGraw v. FranklinWashington Supreme Court · 1891
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3Cited by39 opinions
- Graves v. . DeterlingNew York Court of Appeals · 1890
- Norman S. Riesenfeld, Inc. v. R-W Realty Co.Appellate Division of the Supreme Court of the State of New York · 1928
- Saint Peter's Church v. BragawSupreme Court of North Carolina · 1907
- Burnee Corp. v. Uneeda Pure Orange Drink Co.Appellate Terms of the Supreme Court of New York · 1928
- Southern Surety Co. v. MacMillan Co.Court of Appeals for the Tenth Circuit · 1932
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