Mathews Slate Co. v. New Empire Slate Co.
U.S. Circuit Court for the District of Northern New York
I a Equity. The bill in equity in this cause was filed in October, 1902, to compel the specific performance of a contract to convey a tract of land situate in Washington county, N. Y., close to the Vermont line, and known as the “Empire Farm,” and which farm contains about 166 acres of land, and upon which there were, or were supposed to be, valuable slate 'quarries.
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I a Equity. The bill in equity in this cause was filed in October, 1902, to compel the specific performance of a contract to convey a tract of land situate in Washington county, N. Y., close to the Vermont line, and known as the “Empire Farm,” and which farm contains about 166 acres of land, and upon which there were, or were supposed to be, valuable slate 'quarries. The defendant claims that the contract or agreement was ■forfeited by the complainant prior to a demand for a deed and tender • of payment and notice of forfeiture given; also that the agreement to convey was without…
1Opinion of the CourtRay, District Judge
(after stating the facts as above). On the 1st •day of September, 1899, the following written instrument was entered into between the New Empire Slate Company, defendant herein, as party of the first part, and H. H. Mathews, of Boston, Mass., as party • of the second part, and same was duly signed and acknowledged by ■the parties, and recorded in the office of the clerk of the county of ’Washington, N. Y., on the 25th day of October, 1899, viz.:
“This lease and agreement made this 1st day of September, 1899, by and between the New Empire Slate Co., of Middle Granville, N. Y., a corporation…
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