Rochester v. Bergen

New York Court of Appeals October 14, 1943

Rochester v. Bergen, 51 N.E.2d 933 (N.Y. 1943)

291 N.Y. 656; 1943 N.Y. LEXIS 1754

<italic>Per Curiam.</italic>

Opinion of the Court

Per Curiam.

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.

Reference

Full Case Name: John C. Rochester, Appellant, v. Hugh G. Bergen Et Al., Respondents
Cited By: 3 cases
Status: Published