UNITED STATES v. CITY OF NEW YORK

No. 88.

131 F.2d 909 (1942)

UNITED STATES v. CITY OF NEW YORK.

Circuit Court of Appeals, Second Circuit.

December 9, 1942.


Attorney(s) appearing for the Case

William C. Chanler, of New York City, Corporation Counsel (Paxton Blair and Philip L. Wellens, both of New York City, of counsel), for appellant.

Mathias F. Correa, U. S. Atty., Samuel Brodsky and Frank J. Dufficy, Asst. U. S. Attys., all of New York City, Francis M. Shea, Asst. Atty. Gen., Sidney J. Kaplan, Sp. Asst. to the Atty. Gen., and William S. Ward, Atty., Department of Justice, of Washington, D. C., for plaintiff-appellee.

Before L. HAND, CHASE and FRANK, Circuit Judges.


CHASE, Circuit Judge.

The controversy, which led to an action by the United States against the City of New York in the District Court for the Southern District of New York to enforce specific performance of a contract for the sale of land by the plaintiff to the defendant and to a decree for the plaintiff from which the defendant has appealed, grew out of the following facts and circumstances.

In 1867 the city conveyed to the United States certain land in...

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