United States Land Investment Co. v. Mercantile Trust Co.
New York Supreme Court
Appeal from special term, New York county. Action by the United States Land Investment Company against the Mercantile Trust Company for specific performance of a contract, and for damages for breach thereof. An order was made directing the plaintiff to give a bill of particulars, and plaintiff appeals therefrom.
1Opinion of the CourtBrady, J.
This action was brought to compel a specific performance of an alleged agreement relative to the certification of the plaintiff’s bonds by the defendant, and to recover damages suffered in consequence of the defendant’s alleged refusal to perform the agreement. The complaint, after stating the making of the agreement suggested, and compliance with its terms, alleges that the plaintiff has entered into large and important business contracts and enterprises, and contracted large pecuniary obligations, which were contracts and enterprises greatly to its advantage, and from which it reasonably…
2Cases cited3 opinions
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Dwight v. . Germania Life Insurance Co.New York Court of Appeals · 1881
- Cunard v. . FrancklynNew York Court of Appeals · 1888
3Cited by1 opinion
- Lipsky & Rosenthal, Inc. v. D. M. W. Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1941