Link Realty & Construction Co. v. Public Construction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Public! Construction Company, from a judgment of the County Court of Kings county in favor of the plaintiff, entered in the office of the clerk of said county on the 9th day of June, 1914.
1Opinion of the Court
Thomas, J.:
The plaintiff and defendant companies agreed to exchange lands. In lieu of specific performance plaintiff has recovered damages. The lands were subject to mortgages recited, and the plaintiff’s lands were restricted to private dwellings or to apartment houses of not less than four stories, but the contract stated that the restriction permitted apartment houses of less than four stories. The defendant stipulated that the mortgages on its lands should not expire before dates named, which required it to procure extensions of the times of payment. The defendant could not get extensions…
2Cases cited10 opinions
- Brown v. Haff & LyonNew York Court of Chancery · 1835
- Ten Eyck v. WitbeckAppellate Division of the Supreme Court of the State of New York · 1900
- Reed v. . HaytNew York Court of Appeals · 1888
- A. D. Granger Co. v. Brown-Ketcham Iron WorksNew York Court of Appeals · 1912
- Alpern v. FarrellAppellate Division of the Supreme Court of the State of New York · 1909
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3Cited by1 opinion
- Link Realty & Construction Co. v. Public Construction Co.Appellate Division of the Supreme Court of the State of New York · 1915