Batchelor v. . Hinkle
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 8, 1912, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 8, 1912, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. In the year 1849 the owners of the land lying in the two blocks bounded by Broadway, Twenty-sixth street, Sixth avenue and Twenty-fourth street, in the city of New York, entered into an agreement for the purpose of making the property a desirable location for residences and buildings of the first class. The parties to the agreement covenanted and agreed for…
1Opinion of the CourtCuddebaok, J.
At the time the agreement of 1849 was made, the property affected thereby was vacant, but it was the design of the parties to the contract to make the land a desirable location “ for residences and buildings of the first class.” To accomplish that purpose they provided among other things that the buildings erected on the land should be “setback uniformly on a line five feet from the sides of the said streets respectively so as to form ■court-yards of five feet wide on each side of the ” streets. The courtyards, as the finding is, were for ornamental purposes.
Thereafter the property was…
2Cases cited5 opinions
- McClure v. . LeaycraftNew York Court of Appeals · 1905
- Cassidy v. . UhlmannNew York Court of Appeals · 1902
- National Bank of Deposit v. . RogersNew York Court of Appeals · 1901
- Zipp v. BarkerAppellate Division of the Supreme Court of the State of New York · 1899
- Zipp v. . BarkerNew York Court of Appeals · 1901
3Cited by33 opinions
- Forstmann v. Joray Holding Co., Inc.New York Court of Appeals · 1926
- Evangelical Lutheran Church of Ascension v. SahlemNew York Court of Appeals · 1930
- Bull v. . BurtonNew York Court of Appeals · 1919
- Southwest Petroleum Co. v. LoganSupreme Court of Oklahoma · 1937
- Van Meter v. ManionSupreme Court of Oklahoma · 1934
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