· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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