Buffalo Academy of the Sacred Heart v. Boehm Bros.

196 N.E. 42 (1935)

From our private database of 46,200+ case briefs, written and edited by humans—never with AI.

Buffalo Academy of the Sacred Heart v. Boehm Bros.

Court of Appeals of New York
196 N.E. 42 (1935)

  • Written by Patrick Busch, JD

Facts

Buffalo Academy of the Sacred Heart (plaintiff) agreed to discharge a debt to Boehm Brothers (defendant) by giving it title to some lots of real estate. The contract provided that if the title to the real estate were unmarketable, Buffalo Academy would pay Boehm Brothers $60,000 in cash. Boehm Brothers refused to accept a deed from Buffalo Academy, claiming that the title was unmarketable. Buffalo Academy brought suit to compel performance. Boehm Brothers claimed the title was unmarketable because the lots, which had been subdivided from a larger lot, (1) were subject to a uniform building plan restricting the use of the lots to residential buildings, and (2) restrictions in the deeds for some of the other lots prevented any of the lots from being used to operate a gasoline station. The deeds to the other lots contained various restrictions, but there was no common building plan. Four of the other lots were deeded to the Kendall Refining Company allowing it to operate a gasoline station. The deeds for those lots provided that the grantor would not use the other lots to operate a gasoline station, but did not state that the restriction would run with the land. When it purchased the land, Buffalo Academy was not aware of any uniform building plan or prohibition on operating a gasoline station. The intermediate appellate court held that Buffalo Academy did not have marketable title to its lots because there was a restriction against using the lots to operate a gasoline station, but found that there was no uniform building plan that restricted the lots. The court held that Boehm Brothers was entitled to $60,000. Buffalo Academy appealed to the state supreme court.

Rule of Law

Issue

Holding and Reasoning (Finch, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 798,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 798,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 798,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,200 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership