Phyfe v. Wardell
New York Court of Chancery
Bill by Duncan Phyfe, the lessor of certain real estate, against Charles Wardell and Britain L. Woolley, as purchasers, in order to compel payment of purchase money and ohtain specific performance of a contract.
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Bill by Duncan Phyfe, the lessor of certain real estate, against Charles Wardell and Britain L. Woolley, as purchasers, in order to compel payment of purchase money and ohtain specific performance of a contract. It stated, that the complainant was possessed of a leasehold interest in a lot oí ground in Vesey street, city of New York, under lease from the officers of St. Michael’s church for a term of years, and which would expire on the twenty-fifth day of March, one thousand eight hundred and thirty-two; and became vested in the complainant through diverse mesne assignments. That on the…
1Opinion of the Court
The Vice-Chancellor.
The bill shows an, apparently/ fair contract, binding upon the defendants and virtually fulfilled by the complainant; while enough is stated, to make' out a case of fraud against the defendants, in their procuring a new lease under the seeming sanction of the contract and yet attempting to disclaim it and holding the demised property as though it had never been made.
It has been said in argument by the counsel for the defendants, that the church was under no obligation to grant a new lease to any one—they had a right to refuse it to the complainant, and virtually they did…
2Cited by4 opinions
- Glass v. HulbertMassachusetts Supreme Judicial Court · 1869
- French v. . DauchyNew York Court of Appeals · 1892
- Marsh v. BlackmanNew York Supreme Court · 1867
- Van Alstyne v. SmithNew York Supreme Court · 1894