Buffalo & Lancaster Land Co. v. Bellevue Land & Improvement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The' Bellevue Land and Improvement Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 8th day of January, 1898, upon the decision of the court rendered after a trial.at the Erie Special Term.
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Appeal by the defendant, The' Bellevue Land and Improvement Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 8th day of January, 1898, upon the decision of the court rendered after a trial.at the Erie Special Term. In June, 1892, the defendant entered into an agreement in writing with Charles L. Woodbridge and others for the sale to them of certain lands situated in the town of Lancaster, Erie county, being parts of lots 94 and 95, township 10, range 6 of the Buffalo Creek Indian Beservation. In February,…
1Opinion of the Court
Hardin, P. J.:
Manifestly this action is for specific performance of the agreement set out in the complaint, and was so treated by the parties and the trial court. Upon all the proofs and allegations of the párties a question was presented for the trial court to exercise a - judicial discretion as to whether there should be a specific performance of the contracts alleged in the complaint or not. (Rochester & Kettle Falls Land Co. v. Roe, 8 App. Div. 367.) A similar doctrine was laid down in Dunckel v. Dunckel (141 N. Y. 434), and in Frain v. Klein (18 App. Div. 65).
In Stokes v. Stokes (155 N.…
2Cases cited14 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Dexter v. . NortonNew York Court of Appeals · 1871
- Wheeler v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1880
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