Bensel v. . Gray
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court, of the city of New York, affirming a judgment in favor of defendant, entered upon a decision of the court at Special Term. (Beported below, 12 J. & S., 372.) This action was brought to compel the specific performance of a contract.
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Appeal from judgment of the General Term of the Superior Court, of the city of New York, affirming a judgment in favor of defendant, entered upon a decision of the court at Special Term. (Beported below, 12 J. & S., 372.) This action was brought to compel the specific performance of a contract. (For mem. of decision on former appeal, see 62 N. Y., 632.) The court made the following findings: “ That on or about the 1st day of April, 1871, the plaintiffs entered into an agreement with the defendant, whereby they agreed to transfer and set over to him the indentures of lease in said agreement…
1Opinion of the CourtRapallo, J.
The trial court found as matter of fact that the agreement between the plaintiffs and defendant was, that the plaintiffs should transfer and set over to the defendant the two indentures of lease described in the agreement and all and singular the premises therein mentioned and the buildings thereon, together with the appurtenances, for and during the term of said leases, in consideration whereof the defendant agreed to make the payments specified in the agreement. Also that the leases were irregular and defective and the proceedings taken to authorize the mayor, aider-men and commonalty to…
2Cases cited1 opinion
- Boyd v. . SchlesingerNew York Court of Appeals · 1874
3Cited by5 opinions
- Clason v. . BaldwinNew York Court of Appeals · 1897
- Newmyer v. RoushIdaho Supreme Court · 1912
- Kountze v. HelmuthNew York Supreme Court · 1893
- Wilson v. SeyboldDistrict Court, N.D. West Virginia · 1914
- Reed v. HaytThe Superior Court of New York City · 1884