Merritt Hill Vineyards, Inc. v. Windy Heights Vineyard, Inc.
Court of Appeals of New York
460 N.E.2d 1077 (1984)
Merritt Hill Vineyards, Inc. (Merritt Hill) (plaintiff) entered into a written agreement with Windy Heights Vineyards (Windy Heights) (defendant) to purchase a majority stock interest in Windy Heights’s vineyard. The agreement provided that Windy Heights would retain Merritt Hill’s $15,000 deposit tendered as liquidated damages if the sale did not close, provided that Windy Heights had obtained a title insurance policy and submitted mortgage confirmation to Merritt Hill by the date of closing. At the closing it was revealed that Windy Heights had not obtained the title insurance policy or provided mortgage confirmation. Merritt Hill refused to close and demanded the return of its deposit. When Windy Heights refused, Merritt Hill brought suit for the return of the deposit plus $26,000 in consequential damages. After Special Term denied summary judgment, the appellate division reversed as to the cause of action for return of the deposit of Merritt Hill, but dismissed on the issue of consequential damages. Both parties appealed.
Rule of Law
Holding and Reasoning (Kaye, J.)
What to do next…
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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
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. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.