Anderson v. Sons
| Decision Date | 16 October 1917 |
| Citation | 117 N.E. 575,221 N.Y. 639 |
| Parties | ANDERSON v. STEINWAY & SONS. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Appeal from Supreme Court, Appellate Division, First Department.
Action by Estelle P. Anderson against Steinway & Sons, in which the Real Estate Board of New York intervened. Defendant filed an answer containing a counterclaim, and plaintiff filed a demurrer thereto. From a judgment granting plaintiff's motion for judgment on the pleadings, defendant appealed. Reversed, and motion denied by the First Department of the Appellate Division of the Supreme Court (178 App. Div. 507,165 N. Y. Supp. 608), and plaintiff appeals. Affirmed.
See, also, 165 N. Y. Supp. 1075.
Robert W. Bonynge, of New York City, for appellant.
Walter B. Solinger, of New York City, for respondent.
It appears from the contract in controversy and the pleadings that it was understood by the contracting parties to be wholly dependent upon the defendant obtaining title to plaintiff's and other real property, mentioned in the contract, the title to all of which was to be taken solely for a purpose which has either been prevented by the ordinance in question or can only be carried out after successfully maintaining in the courts that such ordinance is unconstitutional, and it would be inequitable in this case to decree specific performance. The opinion of Justice Scott of the Appellate Division, so far as it discusses the question upon which we place our decision, is approved.
The order should be affirmed, with costs, and question certified answered in the negative.
Order affirmed.
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...contemplated use later prohibited. Anderson v. Steinway & Sons, 178 App.Div. (N.Y.) 507, 515, 165 N.Y.S. 608, 613 (1917), affd. 221 N.Y. 639, 117 N.E. 575 (1917). Clay v. Landreth, 187 Va. 169, 179--180, 45 S.E.2d 875 (1948). Cf. Lee Builders, Inc. v. Wells, 33 Del.Ch. 439, 442, 95 A.2d 692......
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