H. W. Hotel Co. v. First National Bank

Appellate Division of the Supreme Court of New York

H. W. Hotel Co. v. First National Bank

246 A.D. 669

Appellate Division of the Supreme Court of the State of New York·Decided November 15, 1935·Published

Opinion

Appeal from an order dismissing, under rule 107 of the Rules of Civil Practice, plaintiff’s complaint. The action is for specific performance to convey real property. - Under a supplemental agreement the payment of $900 was a condition precedent to the right to demand performance. The payment was not made. The order was proper. Order and judgment unanimously affirmed, with costs. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

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Appeal from an order dismissing, under rule 107 of the Rules of Civil Practice, plaintiff’s complaint. The action is for specific performance to convey real property. - Under a supplemental agreement the payment of $900 was a condition precedent to the right to demand performance. The payment was not made. The order was proper. Order and judgment unanimously affirmed, with costs. Present — Hill, P. J., Rhodes, McNamee, Bliss and Heffernan, JJ.

H. W. Hotel Co. v. First National Bank, 246 A.D. 669 (N.Y. Ct. App. 1935).

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