Legal Opinion

Joannide v. Assimacy

Appellate Division of the Supreme Court of the State of New York

Decided March 19, 1926PublishedCited by 2 opinions

1Opinion of the CourtMcAvoy, J.

The proposed contract or option to purchase alcohol was unperformed by, defendant. Plaintiffs assert damage. The validity of the option is undisputed. The option expired on a legal holiday. The General Construction Law (§ 25), which extends the time of performance of a condition of a contract until the next business day following a public holiday, is in spirit at least in conformity with the action of plaintiffs in tendering performance of the option on the day following the holiday on which their option would have otherwise expired. While an option is not a strict contract until it is made a…

2Cited by2 opinions

  1. Caisse Nationale De Credit Agricole, a French Banking Corporation v. Cbi Industries, Incorporated, a Delaware Corporation, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1996
  2. Jessar Realty Corp. v. Louis Friedman Realty Co.New York Court of Appeals · 1930

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