Brede v. . Rosedale Terrace Co.
New York Court of Appeals
Appeal from a judgment, entered November 6, 1913, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at Special Term and directing judgment in favor of plaintiff. 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, entered November 6, 1913, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at Special Term and directing judgment in favor of plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. Where an executory contract does not fix the time for performance neither party can thereafter rescind the contract on account of delay of the other without notice to the other requiring performance within…
1Opinion of the CourtCardozo, J.
The defendant is the owner of a tract of land which it describes as Eosedale Terrace. It has mapped the tract and divided it into streets, and is selling the lots to seekers after suburban homes. By a contract made in October, 1906, the plaintiff agreed to buy eight lots for $3,955. He was to pay $300 at once, and the residue in installments of $20 a month. He was also to pay interest on' the unpaid balances, and taxes and assessments. It would take fifteen years to complete the payments. The plaintiff was not given any right of possession in the interval. • When full payment had been made,…
2Cases cited6 opinions
- Taylor v. . GoeletNew York Court of Appeals · 1913
- Graves v. . WhiteNew York Court of Appeals · 1882
- Lawson v. . HoganNew York Court of Appeals · 1883
- Myers v. . De MierNew York Court of Appeals · 1873
- St. Regis Paper Co. v. . Santa Clara Lumber Co.New York Court of Appeals · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Imperator Realty Co. v. . TullNew York Court of Appeals · 1920
- General Supply & Construction Co. v. GoeletNew York Court of Appeals · 1925
- Greylock Mills v. Commissioner of Internal RevenueCourt of Appeals for the Second Circuit · 1929
- Wheeler v. WheelerSupreme Court of North Carolina · 1980
- John F. Trainor Co. v. G. Amsinck & Co.New York Court of Appeals · 1923
21 more not listed; retrieve them via the Exa API.