Grosvenor v. Allen
New York Court of Chancery
This was an appeal from a decisión of the vice chan cell oí of the eighth circuity dissolving an injunction. B. Rathbpn, at the time of his failure in 1836, had contracted to purchase certain leasehold premises, to be paid for in the erection of buildings upon the property of the vendor3 and to be conveyed in part payment when such buildings were completed.
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This was an appeal from a decisión of the vice chan cell oí of the eighth circuity dissolving an injunction. B. Rathbpn, at the time of his failure in 1836, had contracted to purchase certain leasehold premises, to be paid for in the erection of buildings upon the property of the vendor3 and to be conveyed in part payment when such buildings were completed. The buildings had been partially erected by Rathbun at the time of his failure; and he had also made improvements upon the leasehold premises which he had been permitted to take possession of in anticipation of the completion of his…
1Opinion of the Court
The Chancellor.
In the decision of this appeal Í lay but of view thé fact that the time for the completion of Rathbun’s contract to build had expired before his assignment for the benefit of his creditors in August, 1836 and it is doubtful whether a court of equity at that time" would have compelled a specific performance of the agreement to convey to him the leasehold premises. The interest which his assignees acquired in that contract under the assignment, and their supposed equitable claim to go on and finish the buildings so as to entitle them to the conveyance of the leasehold property…
2Cited by9 opinions
- Downer v. South Royalton BankSupreme Court of Vermont · 1866
- Bates v. Ledgerwood Manufacturing Co.New York Court of Appeals · 1891
- Sage v. . CartwrightNew York Court of Appeals · 1853
- Storm v. WaddellNew York Court of Chancery · 1845
- Storm v. WaddellNew York Court of Chancery · 1845
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