Rockland-Rockport Lime Co. v. Leary
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Bockland-Bockport Lime Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 31st day of August, 1908, upon the decision of the court, rendered after a tidal at the Kings County Special Term, dismissing the complaint upon the merits. Suit by the vendee for the specific performance "of a contract of sale of real estate.
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Appeal by the plaintiff, the Bockland-Bockport Lime Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 31st day of August, 1908, upon the decision of the court, rendered after a tidal at the Kings County Special Term, dismissing the complaint upon the merits. Suit by the vendee for the specific performance "of a contract of sale of real estate. The vendee had a written lease of the vendor of the premises for 10 years, which contained a clause giving the lessee “ the right and option to purchase the…
1Opinion of the Court
Gaynor, J.:
It is not disputed that the plaintiff gave sufficient notice of the exercise of its option to purchase the property, but judgment went *381against it below on the ground that it tendered the purchase price to tiie administrator instead of to the heirs. The contract was that it should make the tender to the lessor “ or his legal representative ”, and it was held below that this meant the heirs and not the administrator. This construction seems to have been erroneous. The contract could not have contemplated that the money should be tendered to the heirs for the obvious reason that they…
2Cases cited1 opinion
- Potter v. . ElliceNew York Court of Appeals · 1872
3Cited by2 opinions
- Rockland-Rockport Lime Co. v. . LearyNew York Court of Appeals · 1911
- Leonard v. SchnaierNew York Supreme Court · 1922