Noble v. Higgins — 243 N.Y. 538

p. 538

George A. Noble, Appellant, v. William C. Higgins et al., Respondents.

(Argued May 14, 1926;

decided June 1, 1926.)

Headnote

Contract — option — specific performance — action to compel specific performance of alleged agreement to sell real property.

Noble v. Higgins, 214 App. Div. 135 , affirmed.

Appeal from a judgment, entered December 7, 1925, upon an order of the Appellate Division of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing judgment in favor of defendants. The action was to compel specific performance of an alleged agreement to convey real property pursuant to an option contained in a lease thereof. The defense was that plaintiff had failed to serve a written notice of acceptance of the option within the time provided for therein.

George L. Bockes for appellant.

James J. Byard, Jr., for respondents.

p. 539

Judgment affirmed, with costs;

no opinion.

Concur: His cook, Ch. J., Cardozo, Pound, McLaughlin, Crane and Lehman, JJ. Absent: Andrews, J.