Congregation Shaaer Hashmoin v. Halliday
The Superior Court of New York City
This action was brought to recover $1000, received by the defendant from the plaintiffs, upon the making of a contract between them, whereby the former agreed to sell to the latter a certain lot of land, “tobe occupied for a Jewish synagogue,” and to convey the same to them on the first of May then next, and the former undertook to pay therefor one thousand.dollars, at the time of the making of the contract; and the further sum of seven thousand dollars on the first of May…
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This action was brought to recover $1000, received by the defendant from the plaintiffs, upon the making of a contract between them, whereby the former agreed to sell to the latter a certain lot of land, “tobe occupied for a Jewish synagogue,” and to convey the same to them on the first of May then next, and the former undertook to pay therefor one thousand.dollars, at the time of the making of the contract; and the further sum of seven thousand dollars on the first of May then next, when the said deed should be delivered, and simultaneously therewith. The payment of $1000 was made by the…
1Dissent
Monell, J. (dissenting.)
It is not necessary for me to add any thing to the opinion delivered by me at the special term, that the words in the contract, “ to be occupied for a Jewish synagogue,” are to be regarded in the light of a condition, and not of a covenant. This was substantially admitted on the argument. It is clear, therefore, that the deed finally tendered *392containing the covenant, was not a compliance with the terms of the contract; nor was it such a deed as the plaintiff was bound to receive. The question then is, has the plaintiff shown enough to entitle him to rescind the…
2Cases cited6 opinions
- Driggs v. DwightNew York Supreme Court · 1837
- Wells v. SmithNew York Court of Chancery · 1837
- Flynn v. McKeonThe Superior Court of New York City · 1856
- Stone v. SpragueNew York Supreme Court · 1855
- Bellinger v. KittsNew York Supreme Court · 1849
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