Legal Opinion
McAndrew v. Lanphear
Appellate Division of the Supreme Court of the State of New York
Decided March 12, 1952PublishedCited by 4 opinions
1Opinion of the CourtMcCurn, J.
This action is to compel specific performance of a contract for the purchase of real property. The defense is that the seller has not tendered a marketable title. The appeal is from a judgment in favor of the plaintiffs entered upon the decision of an Official Referee.
On April 29, 1882, John W. Conlogue conveyed the parcel of land here in question to the Keuka Lake Club. The deed contained the following provisions:
*8‘ ‘ It is agreed between the parties that no hotel, restaurant or business of buying and selling the usual articles of sale by a hotel or restaurant shall be carried on on said…
2Cases cited13 opinions
- Fleming v. . BurnhamNew York Court of Appeals · 1885
- Heller v. . CohenNew York Court of Appeals · 1897
- Upington v. . CorriganNew York Court of Appeals · 1896
- Bull v. . BurtonNew York Court of Appeals · 1919
- Trustees of Union College v. City of New YorkNew York Court of Appeals · 1903
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Grace v. NappaNew York Court of Appeals · 1979
- Stonegate Family Holdings, Inc. v. Revolutionary Trails, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Rosenberg v. Centre Davis Corp.Appellate Division of the Supreme Court of the State of New York · 1961
- NYCTL 1998-1 v. MayfieldNew York Supreme Court · 2007