Legal Opinion
Ruane v. Smith
New York Supreme Court
Decided February 28, 1957PublishedCited by 2 opinions
1Opinion of the CourtDonald P. Gorman, J.
A binding option is a contract, but it is also an offer wMch when accepted will create another contract. The acceptance “ must comply with the terms of the *367offer.” (Gram v. Mutual Life Ins. Co. of N. Y., 300 N. Y. 375, 382.)
This is an action for damages for a breach of such a contract. The present motion is for summary judgment pursuant to subdivision 4 of rule 113 of the Buies of Civil Practice upon the ground that there is no defense to the action. The complaint and motion rely upon the alleged conclusiveness of rule 92 of the Buies of Civil Practice. In addition to certain admissions and…
2Cases cited6 opinions
- Higgins v. . EagletonNew York Court of Appeals · 1898
- Ziehen v. . SmithNew York Court of Appeals · 1896
- Gram v. Mutual Life InsuranceNew York Court of Appeals · 1950
- Triple Cities Constr. Co. v. Dan-Bar Contracting Co., Inc.New York Court of Appeals · 1955
- Greene v. . Barrett, Nephews Co.New York Court of Appeals · 1924
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Allen & Company v. Occidental Petroleum CorporationDistrict Court, S.D. New York · 1974
- In Re Merry-Go-Round EnterprisesUnited States Bankruptcy Court, D. Maryland · 1999