Rockland-Rockport Lime Co. v. . Leary
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 15, 1910, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 15, 1910, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought to compel the specific performance of an alleged contract to convey land, and the following facts were found in substance by the justice who presided at the Special Term before which it was tried: On the 17th of January, 1901, the plaintiff and one James D. Leary entered into an agreement in writing and under seal whereby the lattei…
1Opinion of the CourtVann, J.
Upon the death of the lessor, intestate, the real estate in question descended to his heirs at law subject to the dower right of the widow, who did not sign the lease, and subject also to the lease itself and the provision for an option contained therein. As the agreement by its terms bound “ the heirs, legal representatives, successors or assigns ” of the parties, the death of the lessor did not affect the right of the plaintiff to exercise the option. The contract for an option ran with the land and was still in force when the efforts to exercise it were made, and the question presented for…
2Cases cited7 opinions
- Lawrence v. . MillerNew York Court of Appeals · 1881
- White v. . HowardNew York Court of Appeals · 1871
- Chamberlain v. . TaylorNew York Court of Appeals · 1887
- Underwood v. . CurtisNew York Court of Appeals · 1891
- Sulz v. Mutual Reserve Fund Life Ass'nNew York Court of Appeals · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Wilson v. BowersCourt of Appeals for the Second Circuit · 1932
- Northern Illinois Coal Corp. v. CryderIllinois Supreme Court · 1935
- Durepo v. MaySupreme Court of Rhode Island · 1947
- In re CorriganAppellate Division of the Supreme Court of the State of New York · 1937
- Inghram v. ChandlerSupreme Court of Iowa · 1917
41 more not listed; retrieve them via the Exa API.