[Download] "Huntington Mining Holdings v. Cottontail Plaza" by Court of Appeals of New York # Book PDF Kindle ePub Free

eBook details

Title: Huntington Mining Holdings v. Cottontail Plaza
Author : Court of Appeals of New York
Release Date : January 01, 1983
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

Though defendant sellers anticipatory breach of contract relieved plaintiff purchaser of its obligation to tender performance, this did not discharge plaintiffs obligation to show that it was ready and able to perform its own contractual undertakings on the closing date, in order to secure specific performance. (Stawksi v Epstein, 67 A.D.2d 681; Friederang v Aldo Co., 199 App Div 127.) Plaintiff insists that, while it lacked its own funds to purchase the property on the scheduled closing date, it was nonetheless able to perform because it had obtained a commitment from another person. However, as the Appellate Division found, this person was not asked for financing until nearly a year after the anticipated closing, and plaintiff failed to produce any other evidence of its capacity to perform. Specific performance was therefore inappropriate.