Farley v. Secor
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Robert E. Farley and another, as executors and trustees, etc., from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 24th day of September, 1914, dismissing their complaint upon the decision of the court after a trial at the Westchester Special Term.
1Opinion of the Court
Thomas, J.:
Hitchcock and Secor made an agreement whereby, among other things, the former was enabled within five years to call for a deed of certain land at “a price not less than at the rate of Fifteen hundred dollars * * * per acre, which *82deed may run to the party of the second part, or any other person he shall designate.” The contract contemplated (1) a purchase by Hitchcock personally, in which case he was enabled to give back a mortgage of $80,000; (2) a sale by Hitchcock to a third person, in which case he should divide all sums above $100,000; (3) a sale by Secor for not less than…
2Cases cited3 opinions
- Robert v. . CorningNew York Court of Appeals · 1882
- Bostwick v. . BeachNew York Court of Appeals · 1886
- Oppenheimer v. Knepper Realty Co.Appellate Terms of the Supreme Court of New York · 1906
3Cited by10 opinions
- Fulmer v. Pacific Southwest Trust & Savings BankCalifornia Supreme Court · 1928
- Feldman v. LisanskyNew York Court of Appeals · 1924
- In re the Estate of BayNew York Surrogate's Court · 1942
- Jandorf v. SmithAppellate Division of the Supreme Court of the State of New York · 1926
- In re the Accounting of SchulzNew York Surrogate's Court · 1949
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