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Board of Education v. Long

Appellate Division of the Supreme Court of New York, Second Department
Jan 15, 1945
268 App. Div. 1053 (N.Y. App. Div. 1945)

Opinion

January 15, 1945.

Present — Close, P.J., Carswell, Johnston, Adel and Aldrich, JJ.


Submission of a controversy under sections 546-548 of the Civil Practice Act. The question is whether or not the following clause in a deed creates a condition restricting the use of the land, and for that reason the grantee's title is unmarketable: "The said property hereby conveyed being intended for school purposes and being conveyed by said party of the first part upon that understanding". The quoted clause is construed as a mere recital of the purpose of the conveyance of the land, and it was not intended and was not sufficient to impose a condition upon the grantee's estate. Judgment of specific performance is unanimously directed in favor of plaintiff, without costs.


Summaries of

Board of Education v. Long

Appellate Division of the Supreme Court of New York, Second Department
Jan 15, 1945
268 App. Div. 1053 (N.Y. App. Div. 1945)
Case details for

Board of Education v. Long

Case Details

Full title:BOARD OF EDUCATION OF UNION FREE SCHOOL DISTRICT NO. 1, TOWN OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 15, 1945

Citations

268 App. Div. 1053 (N.Y. App. Div. 1945)