H. J. Lewis Oyster Co. v. West
Supreme Court of Connecticut
Suit for the specific performance of an agreement to reconvey certain property to the plaintiffs under conditions prescribed in the deed, and for other relief, brought to and tried by the Superior Court in Fairfield County, Curtis, J.; facts found and an interlocutory decree passed establishing the right of the plaintiffs to the property in question, after which the fair value of the permanent improvements made thereon by the defendants, and to which they were entitled, was…
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Suit for the specific performance of an agreement to reconvey certain property to the plaintiffs under conditions prescribed in the deed, and for other relief, brought to and tried by the Superior Court in Fairfield County, Curtis, J.; facts found and an interlocutory decree passed establishing the right of the plaintiffs to the property in question, after which the fair value of the permanent improvements made thereon by the defendants, and to which they were entitled, was determined by the court, Maltbie, J., and final judgment rendered for the plaintiffs, from which the defendants…
1Opinion of the CourtBeach, J.
This case has been twice argued. On the findings the court did not err in treating Exhibit B as a violation of the covenant not to. convey the premises without giving the plaintiff as assignee of Lewis the opportunity of buying them on the agreed terms.
The case presents two other questions. Whether the covenants in Exhibit A bind the assignees of West who take with notice, and if so, whether the covenant is void under the statute against perpetuities in force in 1888.. On the face of the covenant the intent to bind West, his heirs and administrators, in favor of Lewis, his heirs and assigns,…
2Cases cited16 opinions
- Clark v. . DevoeNew York Court of Appeals · 1891
- Barton v. ThawSupreme Court of Pennsylvania · 1914
- Easterbrook v. Hebrew Ladies Orphan SocietySupreme Court of Connecticut · 1912
- Woodruff v. MarshSupreme Court of Connecticut · 1893
- Belfield v. BoothSupreme Court of Connecticut · 1893
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3Cited by33 opinions
- Keogh v. PeckIllinois Supreme Court · 1925
- Eastman Marble Co. v. Vermont Marble Co.Massachusetts Supreme Judicial Court · 1920
- Moore v. SerafinSupreme Court of Connecticut · 1972
- Kelly v. IvlerSupreme Court of Connecticut · 1982
- Kershner v. HurlburtSupreme Court of Missouri · 1955
28 more not listed; retrieve them via the Exa API.