Sound Reality Co. v. Nicholson

We find that the motions to vacate the three peremptory orders of mandamus were properly denied. Said motions rested in the main on the claim that by a certain contract of sale dated July 12, 1910, executed by petitioner as grantor, petitioner assigned to its grantees any rights it might have in any award for damages for the closing of the streets involved in these proceedings. We had occasion to construe the same contract in Matter of City of New York (Garden Place, etc.) (258 App. Div. 490), and there held that it did not effect such an assignment. An appeal from that determination was…