Buffalo & L. Land Co. v. Bellevue Land & Improvement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Erie county. ■ Suit by the Buffalo Sc Lancaster Land Company against the Bellevue Land Sc Improvement Company for specific performance. Decree for plaintiff (47 N. Y. Supp. 721), and defendant appeals.
Read the full summary
Appeal from special term, Erie county. ■ Suit by the Buffalo Sc Lancaster Land Company against the Bellevue Land Sc Improvement Company for specific performance. Decree for plaintiff (47 N. Y. Supp. 721), and defendant appeals. 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 Greek Indian reservation. In February, 1893, Charles L. Woodbridge and his associates organized the Buffalo &…
1Opinion of the CourtHardin, 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 parties, 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. Land Co. v. Roe, 8 App. Div. 367, 40 N. Y. Supp. 799. A similar doctrine was laid down in Dunckel v. Dunckel, 141 N. Y. 434, 36 N. E. 405, and in Frain v. Klein, 18 App. Div. 65, 45 N. Y. Supp. 394. In Stokes v.…
2Cases cited13 opinions
- 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
- Stewart v. . StoneNew York Court of Appeals · 1891
- Lorillard v. . ClydeNew York Court of Appeals · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Darrow v. BushAppellate Division of the Supreme Court of the State of New York · 1899