Hun v. Bourdon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Bourdon, from a judgment ' of the Supreme Court in favor of the plaintiffs* entered in the office of the clerk of the county of Albany on the 10th day of July, - 1900, upon the decision of the' court rendered after a trial at the Albany Special Term in an action brought to compel the specific performance of a contract to purchase real estate. . On Hovember 13, 1899, a contract was executed by J. Howard King and the plaintiffs Dudley Olcott…
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Appeal by the defendant, William Bourdon, from a judgment ' of the Supreme Court in favor of the plaintiffs* entered in the office of the clerk of the county of Albany on the 10th day of July, - 1900, upon the decision of the' court rendered after a trial at the Albany Special Term in an action brought to compel the specific performance of a contract to purchase real estate. . On Hovember 13, 1899, a contract was executed by J. Howard King and the plaintiffs Dudley Olcott and Frederic P. Olcott, individually and as executors of John J. Olcott, deceased, of the first part, and by the…
1Opinion of the Court
Edwards, J.:
- In an action to compel the specific performance of a contract fertile sale of real estate, time is not of the essence of the contract unless in the agreement it is clearly and expressly stipulated that it shall. be so; The mere insertion in the contract of a day for its completion does mot make such. time the essence of the contract,, and it will not be implied as essential except where the subject of the sale has a fluctuating value, or where the object of the contract, is a commercial enterprise, or the delay in completion would involve one of the parties in a serious loss. '…
2Cases cited2 opinions
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Hubbell v. . Von SchoeningNew York Court of Appeals · 1872
3Cited by9 opinions
- Lese v. . LamprechtNew York Court of Appeals · 1909
- Lusker v. TannenAppellate Division of the Supreme Court of the State of New York · 1982
- Garrett v. CohenNew York Supreme Court · 1909
- Holdridge v. RobertsCity of New York Municipal Court · 1949
- Schoen v. GrossmanNew York Supreme Court · 1962
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