Harding v. O'Malley
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCrouch, J.
The controversy here is submitted upon an agreed statement of facts. Under date of February 2, 1929, plaintiff and defendant entered into a contract for the sale of certain premises owned by plaintiff, which will be referred to merely as lot No. 2. On the law day plaintiff duly tendered a deed pursuant to the terms of the contract. The tender was refused upon the sole ground that the premises were subject to a restrictive covenant contained in a deed from Jane W. Van Giesen to William C. Buchholz, dated May 26, 1909.
Jane Van Giesen, the mother of Jane W. Van Giesen, also known as Jennie W.…
2Cases cited4 opinions
- Mellen v. . MellenNew York Court of Appeals · 1893
- McDonald v. . O'HaraNew York Court of Appeals · 1895
- In re the Judicial Settlement of the Account of Proceedings of FaganAppellate Division of the Supreme Court of the State of New York · 1915
- N.Y.C.R.R. Co. v. . First Nat. BankNew York Court of Appeals · 1922