Buffalo & Lancaster Land Co. v. Bellevue Land & Improvement Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 8, 1898, upon an order reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 8, 1898, upon an order reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The findings of fact of the trial court are conclusive upon this appeal, and as they fully justified the conclusion of law, the judgment of the trial court must stand. (Code Civ. Pro. § 1338 ; Parker v. Day, 155 N. Y. 383; Canda v.…
1Opinion of the CourtO’Bbien, J.
This is an action to rescind a contract for a breach by the defendant and to compel the latter to specifically perform certain alternative provisions thereof. The contract in terms, as is claimed, bound the defendant to do various things that it failed to dó. (1) To build, maintain and operate an electric street railroad through certain lands which it conveyed to,the plaintiff’s grantors. (2) Failing in that, to accept a reconveyance of the lands, and to cancel a purchase-money mortgage given by such grantors. (3) To refund to the plaintiff any sums of money paid on the mortgage or on the…
2Cases cited15 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Harmony v. . BinghamNew York Court of Appeals · 1854
- Dexter v. . NortonNew York Court of Appeals · 1871
- Stewart v. . StoneNew York Court of Appeals · 1891
- O'BRIEN v. MillerSupreme Court of the United States · 1897
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3Cited by20 opinions
- Walden v. . City of JamestownNew York Court of Appeals · 1904
- Rowe v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1911
- R. J. Menz Lumber Co. v. E. J. McNeeley & Co.Washington Supreme Court · 1910
- People v. . BonifacioNew York Court of Appeals · 1907
- Kinzer Construction Co. v. StateNew York Court of Claims · 1910
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