Legal Opinion

Boston Road Shopping Center, Inc. v. Teachers Insurance & Annuity Ass'n

Appellate Division of the Supreme Court of the State of New York

Decided April 18, 1961PublishedCited by 25 opinions

1Opinion of the CourtBergan, J.

On December 18, 1956 plaintiff and defendant entered into a written agreement to finance a shopping center which plaintiff proposed to lay out and construct at Springfield, Massachusetts. Defendant, an insurance company, agreed to lend plaintiff $1,100,000 and plaintiff agreed to accept the loan.

The contract was expressed in the form of a letter addressed by defendant to plaintiff. It stated: “we agree to make and you agree to accept from us, the loan as hereinafter described ”, and recited that defendant entered into the agreement to make the loan “ in consideration of” the payment by…

2Cases cited5 opinions

  1. Mattei v. HopperCalifornia Supreme Court · 1958
  2. Chambers and Company, a Partnership Composed of J. J. Chambers and J. J. Chambers, Jr. v. The Equitable Life Assurance Society of the United StatesCourt of Appeals for the Fifth Circuit · 1955
  3. Avalon Construction Corp. v. Kirch Holding Co.New York Court of Appeals · 1931
  4. Wynkoop Hallenbeck Crawford Co. v. Western Union Telegraph Co.New York Court of Appeals · 1935
  5. Continental Assur. Co. v. Van Cleve Bldg. & Const. Co.Missouri Court of Appeals · 1953

3Cited by25 opinions

  1. Rafael Chodos, an Individual v. West Publishing Company, Inc., a Minnesota Corporation Doing Business in California Dba Bancroft-Whitney CompanyCourt of Appeals for the Ninth Circuit · 2002
  2. Weight Watchers of Quebec Ltd. v. Weight Watchers International, Inc.District Court, E.D. New York · 1975
  3. Brown-Marx Associates, Ltd. And Gary E. Smith v. Emigrant Savings Bank and Prudential Savings BankCourt of Appeals for the Eleventh Circuit · 1983
  4. Goldman v. Connecticut General Life InsuranceCourt of Appeals of Maryland · 1968
  5. Johnson v. American National InsuranceCourt of Appeals of Arizona · 1980

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