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· 2/21/1984

Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.

Citations

  • 61 N.Y.2d 106
  • 460 N.E.2d 1077
  • 472 N.Y.S.2d 592
  • 1984 N.Y. LEXIS 3999

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that contractual language was not a promise because \[n]o words of promise [we]re employed\
  • stating that contractual language was not a promise because “[n]o words of promise [we]re employed”
  • stating that contractual language was not a promise because “[n]o words of promise [we]re employed”
  • finding condition precedent where requirements were contained in section entitled “Conditions Precedent to Purchaser’s Obligation to Close,” which provided that plaintiffs obligation was “subject to” fulfillment of the requirements
  • “[A] contracting party’s failure to fulfill a condition excuses performance by the other party whose performance is so conditioned.”
  • defendant not required to perform where plaintiff did not obtain confirmation from Farmers Home Administration that certain mortgages were in place and that the proposed sale did not constitute a default

Source: CourtListener parenthetical corpus (CC0).

Judges: Kaye

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.