Rochester v. Bergen
This text of 51 N.E.2d 933 (Rochester v. Bergen) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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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Cite This Page — Counsel Stack
51 N.E.2d 933, 291 N.Y. 656, 1943 N.Y. LEXIS 1754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rochester-v-bergen-ny-1943.