Post v. West Shore Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 8, 1888, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made December 8, 1888, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to enforce the specific performance of an alleged covenant for the reconstruction and restoration of a public road and the' construction of a railroad crossing, contained in a deed executed by-the plaintiff to the Eew York, "West Shore and Buffalo Eailway Company, dated February 8,1882, conveying a strip of land running…
1Opinion of the CourtAndrews, J.
The ISTew York, West Shore and Buffalo Company, by the acceptance of the deed of February 8, 1882, became bound to perform the obligation recited therein to locate the highway on the westerly side of the strip of land conveyed by the deed, and to construct a crossing for the use of the plaintiff. The undertaking of the corporation was a part of the consideration of the grant, and although the deed was not signed and sealed by the corporation, it became effectual on delivery to and acceptance of the same by the grantee as a con*588tract on its part to perforin the undertaking recited (Atlantic…
2Cases cited1 opinion
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
3Cited by1 opinion
- Speer v. Erie RailroadSupreme Court of New Jersey · 1905