Mohawk Improvement Co. v. Everest — 225 N.Y. 703

Majority

p. 703

Mohawk Improvement Company, Inc., Respondent, v. Mortimer Everest et al., Appellants. Mohawk Hydro-Electric Company, Respondent, v. Mortimer Everest et al., Appellants.

Headnote

Mohawk Improvement Co. v. Everest, 175 App. Div. 956 , affirmed.

Mohawk Hydro-Electric Co. v. Everest, 175 App. Div. 956 , affirmed.

(Argued January 22, 1919;

decided February 7, 1919.)

Appeal, in each of the. above-entitled actions, from a judgment of the Appellate Division of the Supreme Court

p. 704

in the third judicial department, entered November 20, 1916, affirming a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury in an action to compel specific performance of a contract by which it was alleged defendant Everest agreed to take title to certain real properties and later turn them over to plaintiffs’ assignor.

John T. Norton for appellants.

Fred Linus Carroll for respondents.

Judgment in each case affirmed, with costs; no opinion.

Concur: Chase, Collin, Cuddeback, Hogan, McLaughlin, Crane and Andrews, JJ.