Lighton v. . City of Syracuse
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 22, 1906, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the aótion 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 May 22, 1906, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the aótion and the facts, so far as material, are stated in the opinion. The court had no power to decree specific performance of the contract, because the municipality had never made any appropriation to meet the obligations thereof; and never had any fund out of which payment could be legally made; and consequently, under the express provisions of…
1Opinion of the CourtVafin, J.
This action was brought to compel the city of Syracuse to specifically perform a contract for the purchase of land from the plaintiffs. The contract had a peculiar origin. On the 27th of November, 1899, the common council adopted the following resolution: “ Resolved, that the mayor and clerk be and they hereby are authorized and directed to enter into contract with Mary Lighten and Martha T. Lighton for the purchase of the real estate situate on the southwest corner of East Water, street and Montgomery street; the same being twenty-five feet front on East Water street, the same in rear^ and…
2Cases cited10 opinions
- Ashton v. . City of RochesterNew York Court of Appeals · 1892
- Swift v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1881
- Smith v. . City of NewburghNew York Court of Appeals · 1879
- People Ex Rel. Ready v. Mayor of SyracuseNew York Court of Appeals · 1894
- John Weston v. . the City of SyracuseNew York Court of Appeals · 1858
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3Cited by10 opinions
- Mascioni v. I. B. Miller, Inc.New York Court of Appeals · 1933
- Gardiner v. Equitable Office Bldg. Corp.Court of Appeals for the Second Circuit · 1923
- Koster v. . Lafayette Trust Co.New York Court of Appeals · 1913
- Tomasetti Construction Co. v. StateNew York Court of Claims · 1946
- Gladsky v. City of Glen CoveAppellate Division of the Supreme Court of the State of New York · 1991
5 more not listed; retrieve them via the Exa API.