Susswein v. Pennsylvania Steel Co.
U.S. Circuit Court for the District of Southern New York
At Raw. Action by Henry M. Susswein against the Pennsylvania.’ Steel Company. Plaintiff sued at law to recover damages for breach of defendant’s covenant contained in a lease to grade certain property.
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At Raw. Action by Henry M. Susswein against the Pennsylvania.’ Steel Company. Plaintiff sued at law to recover damages for breach of defendant’s covenant contained in a lease to grade certain property. In a former action in the state court (137 N. Y. S. 436) this covenant had formed the basis of a counterclaim which was disallowed on the ground that it was premature, and in Unit action the Pennsylvania Steel Company recovered for breach of plaintiff’s covenant to pay $3,500 on completion of the dock referred to in the lease. On the tiling of the counterclaim in such suit, the steel company…
1Opinion of the Court
HAND, District Judge.
The phrase “grade the remainder of said land from Vernon avenue to said dock” means “uniformly grade” such land, and therefore the defendant has from any point of view never performed its obligation, because it has never uniformly graded the leased portion of the land from Vernon avenue to the dock. It will be more orderly to consider under the question of damages whether it was also obliged to grade the unleased portion. At present I consider merely the question of breach.
The question is whether the obligation to grade was conditional upon the performance of the promise…
2Cases cited15 opinions
- William W. Bierce, Ltd. v. HutchinsSupreme Court of the United States · 1907
- Smith v. . BradyNew York Court of Appeals · 1858
- Phillips & Colby Construction Co. v. SeymourSupreme Court of the United States · 1876
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
- Thomson-Houston Electric Co. v. Durant Land Improvement Co.New York Court of Appeals · 1894
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3Cited by4 opinions
- Schwasnick v. BlandinCourt of Appeals for the Second Circuit · 1933
- Pennsylvania Cement Co. v. Bradley Contracting Co.Court of Appeals for the Second Circuit · 1926
- Richard Paul, Inc. v. Union Improvement Co.District Court, D. Delaware · 1945
- McNeal-Edwards Co. v. Frank L. Young Co.Court of Appeals for the First Circuit · 1931