Legal Opinion
Kirkpatrick Home for Childless Women v. Kenyon
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 1923PublishedCited by 4 opinions
1Opinion of the Court
Davis, J. (dissenting):
I dissent. The contract was for the care of an infirm, aged woman in a home maintained by plaintiff. It was not executory (13 C. J. 245; Farrington v. Tennessee, 95 U. S. 679, 683; Justice v. Lang, 42 N. Y. 493, 496; Williston Cont. 13) but was in a present state of execution and performance. If the paper referred to in the signed contract is all included, it was a contract with an option to either party to terminate, enforcible until such time as notice is given (Hess v. Roberts, 124 App. Div. 328; Schweinburg v. Altman, 145 Id. 377; *729affd., 207 N. Y. 681) and binding…
2Cases cited11 opinions
- Farrington v. TennesseeSupreme Court of the United States · 1878
- United States v. Bethlehem Steel Co.Supreme Court of the United States · 1907
- Guerini Stone Co. v. P. J. Carlin Construction Co.Supreme Court of the United States · 1916
- McCreery v. . DayNew York Court of Appeals · 1890
- Justice v. . LangNew York Court of Appeals · 1870
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Kirkpatrick Home for Childless Women v. KenyonAppellate Division of the Supreme Court of the State of New York · 1924
- Howe v. American Baptist Homes of the West, Inc.California Court of Appeal · 1980
- Lyon v. Willamette Lutheran Homes, Inc.Oregon Supreme Court · 1965
- Riemenschneider v. Fritz Reuter AltenheimNew Jersey Superior Court Appellate Division · 1977