Majority
p. 272Woodhaven Junction Land Co., App’lt; v. John Solly et al., Resp’ts. (Supreme Court, General Term, Second Department, Filed December, 1, 1893.)
Headnote
Vendor and purchaser—Sale for business purposes.A contract to convey real estate, made with the understanding that the vendee is to use the premises for business purposes, does not prohibit the sale of intoxicating liquor thereon.
Appeal from a judgment in favor of defendants.
Action by the Woodhaven Junction Land Company against John Solly and Charles Lange to restrain defendant Solly, as landlord, and defendant Lange, as his tenant, from further letting or using certain premises for the business of a saloon, and for damages. The premises were purchased by defendant Solly from plaintiff in June, 1891, but the deeds were not delivered until three months after the purchase money had been paid, and the building already erected thereon and rented. The sale was made with the understanding that the vendee was to use the premises for business purposes. The deeds were delivered, containing clauses prohibiting the sale of intoxicating liquors on-the premises conveyed.
L. C. Whiton, for app’lt; Read, Hatting & Wininer, for resp’t Solly; M. L. Towns, for resp’t Lange.
The proof shows that Solly bought the land with the understanding that it could be used for business purposes. We think the court below correctly held that under that description a liquor business should be permitted. It follows ' that Solly could not be required to accept a deed restricting him from selling liquors. His failure to object at once was sufficiently explained.
Judgment affirmed, with costs.
All concur.