Anderson v. . Steinway Sons
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 8, 1917, which reversed an order of Special Term granting a motion by plaintiff for judgment in her favor upon the pleadings in an action to compel specific performance of a contract to purchase certain real property in the city of New York.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 8, 1917, which reversed an order of Special Term granting a motion by plaintiff for judgment in her favor upon the pleadings in an action to compel specific performance of a contract to purchase certain real property in the city of New York. As a defense and counterclaim the defendant alleged that the board of estimate and apportionment of the city of New York did, subsequent to the signing of the said contract, pursuant to power and authority delegated to it by…
1Per curiam
It appears .from the contract in controversy and the pleadings that it was understood by the contracting parties to be wholly dependent upon the defendant obtaining title to plaintiff’s and other real property, mentioned in the contract, the title to all of which was to be taken solely for a purpose which has either been prevented by the ordinance in question or can only be carried out after successfully maintaining in the courts that such ordinance is unconstitutional, and it would be inequitable in this case to decree specific performance. The opinion of Justice Scott of the Appellate…
2Cited by28 opinions
- Lincoln Trust Co. v. Williams Building Corp.New York Court of Appeals · 1920
- Voorheesville Rod & Gun Club, Inc. v. E. W. Tompkins Co.New York Court of Appeals · 1993
- The DOVER POOL & RACQUET CLUB, INC. v. BrookingMassachusetts Supreme Judicial Court · 1975
- Clay v. LandrethSupreme Court of Virginia · 1948
- Hall v. Risley and HeikkilaOregon Supreme Court · 1950
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