AMITY FARMS SHOPPING CTR., INC. v. MORSE


11 A.D.2d 812 (1960)

Amity Farms Shopping Center, Inc., Respondent, v. Harold J. Morse et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 20, 1960


Judgment affirmed, with costs.

Nolan, P. J., dissents and votes to reverse the judgment and to dismiss the complaint without prejudice, with the following memorandum:

Pursuant to a provision of the contract, if the Shell Oil Company exercised its existing lease-option to purchase two parcels of land the contract was to terminate and the down payment, consisting of $10,000 paid directly to the seller and...

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