Legal Opinion
Palombi v. Volpe
Appellate Division of the Supreme Court of the State of New York
Decided December 23, 1927PublishedCited by 4 opinions
1Opinion of the CourtFinch, J.
The question presented by this appeal is whether a particular term of an alleged contract had been agreed upon so as to entitle the plaintiff to specific performance of the contract. The action was brought for specific performance of a lease of real property. After a trial at Special Term, the court decreed specific performance. The decree cannot be sustained because the term of the written memorandum is indefinite and the record does not show that the parties ever reached an agreement as to the term of the contract in dispute.
*120The facts, in so far as necessary to show the reasons for the…
2Cases cited2 opinions
- Ansorge v. KaneNew York Court of Appeals · 1927
- Spiritusfabriek Astra of Amsterdam, Holland v. Sugar Products Co.New York Court of Appeals · 1917
3Cited by4 opinions
- Ellis v. KlaffCalifornia Court of Appeal · 1950
- 1130 President St. Corp. v. Bolton Realty Corp.New York Court of Appeals · 1949
- Colorado Corp., Ltd. v. SmithCalifornia Court of Appeal · 1953
- Cannaday v. MartinCourt of Appeals of Texas · 1936