Trustees of Hamilton College v. Roberts
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 7, 1914, modifying and affirming as modified a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special 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 of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 7, 1914, modifying and affirming as modified a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. By the express language of the option the plaintiff is entitled to the conveyance requested, without making proof that the land chosen is reasonably necessary for a reservoir site. When a valid option to purchase real property is…
1Opinion of the CourtCrane, J.
Hamilton College, situated at Clinton, Oneida county, New York, in order to procure a sufficient supply of water, purchased certain nearby farm lands with springs, and erected thereon reservoirs and water works. By the deed of conveyance it was given an option for other lands to meet its future requirements. It has now determined to purchase under the option', but the owners of the property refuse to sell. This is an action for specific performance. So far, the defendants have won, the courts below holding that the plaintiff cannot enforce the option without proving the reasonable necessity…
2Cases cited7 opinions
- Simon v. . EtgenNew York Court of Appeals · 1915
- Hawkins v. GrahamMassachusetts Supreme Judicial Court · 1889
- Weeks v. . O'BrienNew York Court of Appeals · 1894
- Doll v. . NobleNew York Court of Appeals · 1889
- Thomas v. . FleuryNew York Court of Appeals · 1862
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Epstein v. . GluckinNew York Court of Appeals · 1922
- Cochran v. TaylorNew York Court of Appeals · 1937
- Levey v. SaphierNew York Supreme Court · 1975
- McLear v. BalmatAppellate Division of the Supreme Court of the State of New York · 1921
- Loengard v. Metal & Thermit Corp.District Court, S.D. New York · 1962
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