Rochester v. Bergen
51 N.E.2d 933, 291 N.Y. 656, 1943 N.Y. LEXIS 1754
Opinion
Paragraph 3 of the agreement is invalid. Paragraph 2 is inseparable from paragraph 3 and falls with it. There has been no refusal or failure to perform any other provision of the agreement. The judgment appealed from denying specific performance and dismissing the complaint is therefore affirmed, with costs.
The judgment should be affirmed, with costs.
Lehman, Ch. J., Loughran, Rippey, Lewis, Conway, Desmond and Thacher, JJ., concur.
Judgment affirmed.
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Rochester v. Bergen, 51 N.E.2d 933, 291 N.Y. 656, 1943 N.Y. LEXIS 1754 (N.Y. 1943).
51 N.E.2d 933 (Rochester v. Bergen) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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