Frankel v. Tremont Norman Motors Corp.
New York Supreme Court
1Opinion of the CourtHarold Baer, J.
This is an action for specific performance of an agreement transferring an automobile agency. The plaintiff relies on a written instrument dated July 23, 1959 allegedly prepared by the parties without aid of counsel. The original defenses to the action are threefold: That there were conditions precedent to the effectiveness of the agreement, to wit, the consent of the wife of the individual defendant and that the plaintiff consummate a sale of defendant’s on-hand stock of new 1959 automobiles; that the written agreement is incomplete in that it fails to provide for assumption of lease…
2Cases cited18 opinions
- Pimpinello v. Swift & Co.New York Court of Appeals · 1930
- Mencher v. WeissNew York Court of Appeals · 1953
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- Nichols v. NicholsNew York Court of Appeals · 1954
- Rossiter v. VogelCourt of Appeals for the Second Circuit · 1943
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3Cited by7 opinions
- Uniroyal, Inc. v. HellerDistrict Court, S.D. New York · 1974
- United Commodities-Greece v. Fidelity International BankNew York Court of Appeals · 1985
- Concert Radio, Inc. v. Gaf Corp.Appellate Division of the Supreme Court of the State of New York · 1985
- Nassau Chapter v. Board of EducationNew York Supreme Court · 1970
- In re 716 Third Avenue Holding Corp.District Court, S.D. New York · 1964
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