Legal Opinion

Drake v. Gaffney

Appellate Division of the Supreme Court of the State of New York

Decided June 21, 1918PublishedCited by 3 opinions

Charles E. Hughes, Jr. [Allen S. Hubbard with him on the brief], for the appellant.

1Opinion of the Court

Jenks, P. J.:

A proposed vendor sues the proposed vendee for specific performance. The plaintiff gave an option to the defendant Grace Wire for a consideration. When the option was put in use, the defendant insisted upon the new condition that the plaintiff’s title should be insured without exceptions by a *578specified title company. The proof justified the conclusion of the court that the plaintiff accepted this condition. Therefore, it became part of the contract. (See James Op. Cont. § 713, citing Cleaves v. Walsh, 125 Mich. 638.) The proof justified the findings that on the law day the…

2Cases cited6 opinions

  1. Flanagan v. FoxNew York Court of Common Pleas · 1893
  2. Northridge v. . MooreNew York Court of Appeals · 1890
  3. Flanagan v. . FoxNew York Court of Appeals · 1895
  4. Allen v. McKeonAppellate Division of the Supreme Court of the State of New York · 1908
  5. Boyd v. De LanceyAppellate Division of the Supreme Court of the State of New York · 1897

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3Cited by3 opinions

  1. Royce v. RymkevitchAppellate Division of the Supreme Court of the State of New York · 1968
  2. Bakken v. PriceWyoming Supreme Court · 1980
  3. Bakken v. PriceWyoming Supreme Court · 1980

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