King v. . Hudson River Realty Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 3, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 3, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The admission of the letters of plaintiff and his attorney to the defendant and its attorney and officers characterizing the improvements made by the defendant, was reversible error, as these are merely self-serving declarations. (Viele v. McLean, 200 N. Y. 260; Engel v. United Traction Co., 203 N. Y. 321.) It was…
1Opinion of the CourtChase, J.
This action is brought to recover damages for the alleged breach of a covenant contained in a written contract dated May 9, 1906, by which the plaintiff agreed to purchase and the defendant to sell certain lots in Bergen county, New Jersey, as shown on a map described in the contract. The covenant is as follows:
“As part of the consideration for the said purchase price this company hereby agrees to build proper streets and sidewalks as shown on said map on which these lots abut, and put in a sewer. ”
The plaintiff performed the contract on his part. The covenant was not performed by the…
2Cases cited2 opinions
- Bank of British North America v. DelafieldNew York Court of Appeals · 1891
- Viele v. . McLeanNew York Court of Appeals · 1910
3Cited by3 opinions
- CHESAPEAKE & OHIO RAILWAY COMPANY v. WillisSupreme Court of Virginia · 1958
- 507 Madison Avenue Realty Co. v. MartinCity of New York Municipal Court · 1921
- Palmer v. SchwarzenbachAppellate Division of the Supreme Court of the State of New York · 1914