Friederang v. Ruth Aldo Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Clara E. Friederang, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 16th day of June, 1921, upon the decision of the court rendered after a trial at the Queens Special Term on dismissal of her complaint for specific performance of an option to purchase, contained in a lease of residence property, situate in Richmond Hill, fourth ward of the borough of Queens.
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Appeal by the plaintiff, Clara E. Friederang, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Queens on the 16th day of June, 1921, upon the decision of the court rendered after a trial at the Queens Special Term on dismissal of her complaint for specific performance of an option to purchase, contained in a lease of residence property, situate in Richmond Hill, fourth ward of the borough of Queens. This was for a term of four months from October 1, 1917, at the monthly rent of fifty «dollars, with the clause: “ The said party…
1Opinion of the Court
Putnam, J.:
As there had been no actual tender of the price, the plaintiff properly averred that she was ready, willing and able to perform her part of the agreement, during the period mentioned in said agreement. Defendant put this in issue. There are two difficulties in appellant’s position: First. This lease contained no option to continue the demise beyond the four months specified. At the time plaintiff sought to exercise her option (nearly two years after the date of this lease), she was not holding the property under the terms of the original agreement. Her continued holding over,…
Also in this document: Concurrence.
2Cases cited2 opinions
- Eddy v. . DavisNew York Court of Appeals · 1889
- Kerr v. . PurdyNew York Court of Appeals · 1872
3Cited by8 opinions
- Huntington Mining Holdings, Inc. v. Cottontail Plaza, Inc.New York Court of Appeals · 1983
- Huntington Mining Holdings, Inc. v. Cottontail Plaza, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
- Napper v. RiceWest Virginia Supreme Court · 1944
- Libin v. PetersIndiana Court of Appeals · 1947
- Rabinovitz v. WilliamsonNew York Supreme Court · 1948
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