Legal Opinion
Wija Building Corp. v. Kay-Wei Building Corp.
Appellate Division of the Supreme Court of the State of New York
Decided April 15, 1928PublishedCited by 6 opinions
1Opinion of the Court
Judgment reversed upon the law and the facts, with costs, and complaint dismissed, with costs. Coneededly the time fixed by the contract for the closing of the title was adjourned indefinitely. By the waiver, time, as an essential element of the contract, was removed therefrom, but could have been restored by a reasonable notice demanding performance. This was not done. The plaintiff was granted judgment establishing a lien for the amount paid on the contract together with reasonable expenses for searching the title. We are of opinion that there was no insurmountable difficulty in clearing…
2Cases cited4 opinions
- Ziehen v. . SmithNew York Court of Appeals · 1896
- Warner v. DoscherNew York Court of Appeals · 1926
- Warner v. DoscherAppellate Division of the Supreme Court of the State of New York · 1925
- Lese v. LawsonAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by6 opinions
- Cohen v. KranzNew York Court of Appeals · 1963
- Oxford Funding Corp. v. James H. Northrup, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Ilemar Corp. v. KrochmalAppellate Division of the Supreme Court of the State of New York · 1975
- Amity Associates, Inc. v. Amity Farms Shopping Center, Inc.Appellate Division of the Supreme Court of the State of New York · 1960
- Bord v. BrindisiAppellate Division of the Supreme Court of the State of New York · 1975
1 more not listed; retrieve them via the Exa API.