Catholic Foreign Mission Society of America v. Oussani
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 11, 1913, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action 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 second judicial department, entered June 11, 1913, modifying and affirming as modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Inasmuch as the plaintiff in this action could not have been forced to take the property in an action for specific performance, if brought by the defendant Oussani, and inasmuch as the presence of mutuality in the agreement was dependent upon the…
1Opinion of the CourtCardozo, J.
The action is for specific performance. The defendant Oussani is the owner of.a tract of land in .Westchester county. He undertook to sell it to the plaintiff, a membership corporation. The plaintiff was represented by its president, Father Walsh. A memorandum of the terms of the agreement was put in writing, and signed. It is dated July 12, 1912. It calls for a conveyance of the land free from all incumbrances. In particular, it provides that a road known as the Long-wood Eoad, which ran through the land, shall be closed. Unless this change can be made within one week, the plaintiff is to be…
2Cases cited11 opinions
- Cook v. TullisSupreme Court of the United States · 1874
- Bostwick v. . BeachNew York Court of Appeals · 1886
- People's Bank v. St. Anthony's Roman Catholic ChurchNew York Court of Appeals · 1888
- Cowan v. CurranIllinois Supreme Court · 1905
- Levin v. . DietzNew York Court of Appeals · 1909
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- Epstein v. . GluckinNew York Court of Appeals · 1922
- Stetler v. . McFarlaneNew York Court of Appeals · 1921
- Waddle v. . CabanaNew York Court of Appeals · 1917
- Safeway System, Inc. v. Manuel Bros., Inc.Supreme Court of Rhode Island · 1967
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