Minister, Elders & Deacons of Reformed Protestant Dutch Church v. Madison Avenue Building Co.
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
McLaughlin, J.:
The question which the court is asked to determine is whether the plaintiff can compel the specific performance of a contract for the sale of real property at the southeast corner of Madison avenue and Thirty-eighth street, in the city of Hew York. The plaintiff, a religious corporation, is the owner of the property in question, and contracted to sell it to one Hannan, who assigned all his interest therein to the defendant, which assumed and agreed to perform it. When the parties met for closing the contract the defendant refused to take the title on the sole ground that there…
2Cases cited10 opinions
- Hutchinson v. UlrichIllinois Supreme Court · 1893
- Kitching v. . BrownNew York Court of Appeals · 1905
- Duryea v. . MayorNew York Court of Appeals · 1875
- Levy v. SchreyerAppellate Division of the Supreme Court of the State of New York · 1898
- Ebling v. . DreyerNew York Court of Appeals · 1896
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3Cited by8 opinions
- Davis v. RobinsonSupreme Court of North Carolina · 1925
- Davis v. . RobinsonSupreme Court of North Carolina · 1925
- Schoonmaker v. HeckscherAppellate Division of the Supreme Court of the State of New York · 1916
- Scott Co. v. Roman Catholic ArchbishopOregon Supreme Court · 1917
- Kalb v. MayerAppellate Division of the Supreme Court of the State of New York · 1914
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