Sargent v. Vought
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Leroy Sargent, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 7th day of Juné, 1920, upon the decision of the court rendered after a trial at the Westchester Special Term.
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Appeal by the plaintiff, Leroy Sargent, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 7th day of Juné, 1920, upon the decision of the court rendered after a trial at the Westchester Special Term. Plaintiff, who had entered into possession under a three-year lease from May 1, 1917, asked specific performance of the following covenant: “And it is further agreed between the parties to these presents, that the party of the second part shall have the first privilege of purchasing the premises, herein described…
1Opinion of the Court
Putnam, J.:
We are agreed for a new trial because it did not sufficiently appear that on August thirtieth the lessor did have a bona fide offer, so as to put the plaintiff to his election to purchase for $25,000.
We think that parol evidence of prior conversations was not admissible upon the meaning and import of the term “ first privilege.” (Tracy v. Albany Exchange Co., 7 N. Y. 472.) The term “ first privilege ” of water necessary for running a mill was held to give a right to the water necessary, and not merely to take subject to the valid claims on the stream. (Hapgood v. Brown, 102 Mass.…
2Cases cited2 opinions
- Tracy v. . Albany Exchange Co.New York Court of Appeals · 1852
- Hapgood v. BrownMassachusetts Supreme Judicial Court · 1869
3Cited by10 opinions
- Tantleff v. TruscelliAppellate Division of the Supreme Court of the State of New York · 1985
- R. I. Realty Co. v. TerrellNew York Court of Appeals · 1930
- Shell Oil Co. v. BlumbergCourt of Appeals for the Fifth Circuit · 1946
- Cortese v. ConnorsNew York Court of Appeals · 1956
- Roy v. George W. Greene, Inc.Massachusetts Supreme Judicial Court · 1989
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