Taylor v. . Goelet
New York Court of Appeals
Appeal from a judgment entered February 28, 1911, upon an order of the Appellate Division of the Supreme Court in the first judicial department, overruling plaintiffs’ exceptions, ordered to be heard in the first instance by the Appellate Division, and directing judgment in favor of defendant upon the dismissal of the complaint by the court at Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment entered February 28, 1911, upon an order of the Appellate Division of the Supreme Court in the first judicial department, overruling plaintiffs’ exceptions, ordered to be heard in the first instance by the Appellate Division, and directing judgment in favor of defendant upon the dismissal of the complaint by the court at Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. A contract which does not by its terms fix a definite time for performance requires performance within a reasonable time from the date of the contract,…
1Opinion of the CourtOuddeback, J.
On May 10th, 1906, the defendant entered into a contract with the plaintiffs, whereby he agreed to erect a building upon land owned by him, and when the building was completed to lease the premises to the plaintiffs for a term of twenty years at an annual ground rent of $42,000, and in addition an annual rental of six per cent on the cost of the building. The contract provided that the building should be erected according to plans and specifications prepared by the plaintiff Andrews, who is an architect, and approved by the defendant. The plaintiffs agreed to take a lease of the premises for…
2Cases cited4 opinions
- Schmidt v. . ReedNew York Court of Appeals · 1892
- Lawson v. . HoganNew York Court of Appeals · 1883
- Myers v. . De MierNew York Court of Appeals · 1873
- St. Regis Paper Co. v. . Santa Clara Lumber Co.New York Court of Appeals · 1906
3Cited by84 opinions
- Grace v. NappaNew York Court of Appeals · 1979
- Gravenhorst v. . ZimmermanNew York Court of Appeals · 1923
- Schenectady Steel Co. v. Bruno Trimpoli General Construction Co.Appellate Division of the Supreme Court of the State of New York · 1974
- ESPN, Inc. v. Office of the Commissioner of BaseballDistrict Court, S.D. New York · 1999
- General Supply & Construction Co. v. GoeletNew York Court of Appeals · 1925
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