Pryor v. . City of Buffalo
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 1, 1909, modifying and affirming as modified a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term which adjudged that defendant city of Buffalo specifically perform its contract to repay plaintiffs the purchase price of the premises known as the Main and Hamburg canal strip in the city of Buffalo, amounting to…
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered October 1, 1909, modifying and affirming as modified a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term which adjudged that defendant city of Buffalo specifically perform its contract to repay plaintiffs the purchase price of the premises known as the Main and Hamburg canal strip in the city of Buffalo, amounting to §901,000, with interest, as hereinafter stated. It is further adjudged, in substance, that the city he required to accept…
1Opinion of the CourtEdward T. Bartlett, J.
It is to be kept in mind at the outset that we are not dealing with the ordinary form of deed containing full covenants. This deed, after a description of the property and certain exceptions not necessary to consider at this time, contains a covenant on the part of the purchasers in regard to the payment of future consequential damages in excess of fifty thousand dollars, arising from the change of any of the grade crossing structures; and the city of Buffalo, party of the first part, assumes and agrees to pay such damages to the extent of fifty thousand dollars. The party of the first part…
2Cases cited15 opinions
- O'Brien v. . YoungNew York Court of Appeals · 1884
- Huyck v. . AndrewsNew York Court of Appeals · 1889
- Van Rensselaer v. JewettNew York Court of Appeals · 1849
- Adams v. . the Fort Plain BankNew York Court of Appeals · 1867
- Woerz v. . SchumacherNew York Court of Appeals · 1900
10 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- City of Beaumont v. MooreTexas Supreme Court · 1947
- Rachlin & Co. v. Tra-Mar, Inc.Appellate Division of the Supreme Court of the State of New York · 1970
- City of New York v. New York & South Brooklyn Ferry & Steam Transportation Co.New York Court of Appeals · 1921
- Equitable Trust Co. v. Western Pac. Ry. Co.District Court, S.D. New York · 1917
- City of N.Y. v. . N.Y. S.B. Ferry S.T. Co.New York Court of Appeals · 1921
27 more not listed; retrieve them via the Exa API.