Holden v. . Efficient Craftsman Corp.
New York Court of Appeals
1Opinion of the CourtCardozo, J.
The action is for specific performance, and, if that relief be impossible, then for damages as a substitute.
Plaintiff was an officer of a corporation which had sold a tract of land to the defendant corporation. He had been given an option in writing, which was his personally, to buy back one of the lots for $500 above the mortgages upon it. The option was for ninety days, and expired by its terms in February, 1919. The defendant held the tract for the purpose of resale. As lots were sold from time to time, there was need, to effectuate the sales; of releasing a blanket mortgage to a propor…
2Cases cited9 opinions
- Imperator Realty Co. v. . TullNew York Court of Appeals · 1920
- Elterman v. . HymanNew York Court of Appeals · 1908
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- Thomson v. . PoorNew York Court of Appeals · 1895
- Sternberger v. . McGovernNew York Court of Appeals · 1874
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3Cited by21 opinions
- Gulbenkian v. GulbenkianCourt of Appeals for the Second Circuit · 1945
- Spartans Industries, Inc. v. John Pilling Shoe CompanyCourt of Appeals for the First Circuit · 1967
- Spuches v. Royal View, Inc.Appellate Division of the Supreme Court of the State of New York · 1961
- Marine Midland Bank-New York v. BatsonNew York Supreme Court · 1972
- Richardson v. Providence Washington InsuranceNew York Supreme Court · 1963
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