McCotter v. . Mayor, Etc., of New York
New York Court of Appeals
This action was brought in 1859, to compel the specific performance of an alleged agreement on the part of the Respondents to purchase from the Appellant certain lands .situate on Ward’s Island, in the East River, of a large part of which island the Respondents were already the owners, or to recover damages for the breach of such alleged agreement.
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This action was brought in 1859, to compel the specific performance of an alleged agreement on the part of the Respondents to purchase from the Appellant certain lands .situate on Ward’s Island, in the East River, of a large part of which island the Respondents were already the owners, or to recover damages for the breach of such alleged agreement. The action was referred to John L. Mason, Esq., as sole referee, to hear, try, and determine the same. • On the trial a voluminous mass of testimony was introduced, from which a brief statement of the facts is condensed, so far as they are…
1Opinion of the Court
"Weight, J.
The complaint, after particularly describing the lands which are the subject of the alleged contract, states that the Plaintiff “ made a proposition to the Defendcmt to sell to said Defendant the fee-simple title to all and singular the lands aforesaid ,” at and for a reasonable price, to be “ fixed by arbitration.”
Tire premises described in the complaint, and which were the subject of this offer, and to which the phrase “ the lands aforesaid ” referred, consisted of the whole of Ward’s Island, in the East River, and within the boundaries of the city of New York, except what was…
2Cited by3 opinions
- Barrow Steamship Co. v. Mexican Central Railway Co.New York Court of Appeals · 1892
- Wittwer v. . HurwitzNew York Court of Appeals · 1915
- Steinhardt v. BuelNew York Court of Common Pleas · 1892