Lincoln Trust Co. v. Williams Building Corp.
New York Court of Appeals
Appeal from a judgment entered May 11, 1918, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing judgment in favor of defendant. The nature of the action and the facts, so far as material, are stated in the opinion. The building zone resolution is not an incumbrance within the meaning of the contract.
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Appeal from a judgment entered May 11, 1918, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing judgment in favor of defendant. The nature of the action and the facts, so far as material, are stated in the opinion. The building zone resolution is not an incumbrance within the meaning of the contract. (Anderson v. Steinway & Sons, 178 App. Div. 507; 221 N. Y. 639; Goodrich v. Pratt, 114 App. Div. 771; Bull v. Burton, 227 N. Y. 101;…
1Opinion of the CourtMcLaughlin, J.
This action is brought by a vendor against a vendee to procure a judgment directing specific performance of a contract for the purchase and sale of real estate in the city of New York. The complaint contains- the usual allegations pertaining to such an action and a copy of the contract is annexed to and made a part of it. -The contract was dated August 21, 1916. The purchase price was $50,000, $2,000 of which was paid at the time of the execution of the contract, $3,000 agreed to be paid on delivery of the deed, and the balance to be secured by mortgages. The answer did not put in issue the…
2Cases cited28 opinions
- Hadacheck v. SebastianSupreme Court of the United States · 1915
- Soon Hing v. CrowleySupreme Court of the United States · 1885
- Matter of Application of JacobsNew York Court of Appeals · 1885
- Thomas Cusack Co. v. City of ChicagoSupreme Court of the United States · 1917
- People v. . GillsonNew York Court of Appeals · 1888
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3Cited by103 opinions
- Village of Euclid v. Ambler Realty Co.Supreme Court of the United States · 1926
- Miller v. Board of Public Works of Los AngelesCalifornia Supreme Court · 1925
- Gorieb v. FoxSupreme Court of the United States · 1927
- People Ex Rel. Durham Realty Corp. v. La FetraNew York Court of Appeals · 1921
- Matter of Wulfsohn v. BurdenNew York Court of Appeals · 1925
98 more not listed; retrieve them via the Exa API.