Davison v. . Associates of the Jersey Company
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. (Eeportcd below, 6 Hun, 170.) This was an action for the specific performance of a contract for the sale of lands. The facts are sufficiently set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. (Eeportcd below, 6 Hun, 170.) This was an action for the specific performance of a contract for the sale of lands. The facts are sufficiently set forth in the opinion. A party permitting the completion of the performance of a contract after the time for its completion has expired does not forfeit his right to damages. (Ruff v. Rinaldo, 55 N. Y., 664.) The time specified for the performance of…
1Opinion of the CourtAndrews, J.
The contract of May 25, 1858, between Davison and the defendants, was annulled by the express agreement of the parties, when the contract of December 8, 1858, was executed. The latter contract was a new and substituted agreement, covering the entire subject of the former one, and the legal and equitable rights of the parties in this action depend solely upon the contract of December 8, 1858, and the subsequent transactions between them. (Price v. McGown, 10 N. Y.,465; Fry on Specific Performance, 201.) That contract was contained in two instruments of the same date, executed at the same time.…
2Cited by23 opinions
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- MacKellar v. . RogersNew York Court of Appeals · 1888
- Cogswell v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1887
- Powell v. . WaldronNew York Court of Appeals · 1882
- Brinckerhoff v. . BostwickNew York Court of Appeals · 1887
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