Legal Opinion

H. M. Weill Co. v. Creveling

Appellate Division of the Supreme Court of the State of New York

Decided December 31, 1917PublishedCited by 4 opinions

Appeal by the defendant, Albertina D. Creveling, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 5th day of July, 1917, denying defendant’s motion for judgment on the pleadings consisting of a complaint and answer.

1Opinion of the Court

Shearn, J.:

The cause of action alleged is for the specific performance of an agreement to make and deliver a lease for twenty-one years on certain real property, pursuant to a written memorandum signed by the defendant and reciting a consideration of one dollar. The memorandum in question is as follows:

“Feb. 13, 1917.
“ For the consideration of One Dollar to me in hand paid by the H. M. Weill Co. I agree to deliver to the H. M. Weill a lease for 21 years on property No. 243 West 55th, Manhattan, on the following terms: Rent to be for the first (2) years $2,600 gross rental. (3) years at $3,000…

2Cited by4 opinions

  1. Brause v. GoldmanAppellate Division of the Supreme Court of the State of New York · 1960
  2. Trimmer v. Van BomelNew York Supreme Court · 1980
  3. Antoville v. BernardAppellate Division of the Supreme Court of the State of New York · 1927
  4. 1130 President St. Corp. v. Bolton Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1949

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