Legal Opinion
Rubel Bros. v. Dumont Coal & Ice Co.
New York Supreme Court
Decided January 15, 1920PublishedCited by 3 opinions
Motion for an injunction.
1Opinion of the CourtCallaghan, J.
The question on this motion relates to the force and effect of the restriction clause contained in an agreement made on the 16th day of September, 1916, between the Empire City Lumber Company and the plaintiff Albert H. Ackerman and the Rock view Coal and Ice Corporation. The restriction clause in that agreement is as follows:
“ There shall not be erected, constructed, maintained or kept in and upon the said land of the party of the first part (The Empire City Lumber Company) hereto or on any portion thereof, any building, shed, structure or erection whatsoever for the purpose of conducting,…
2Cases cited4 opinions
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
- Lewis v. . GollnerNew York Court of Appeals · 1891
- Mygatt v. . CoeNew York Court of Appeals · 1894
3Cited by3 opinions
- Rubel Bros. v. Dumont Coal & Ice Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Hyde v. LiebeltSouth Dakota Supreme Court · 1986
- Hyde v. LiebeltSouth Dakota Supreme Court · 1986