Voorheesville Rod & Gun Club v. E.W. Tompkins Co.
Court of Appeals of New York
626 N.E.2d 917 (N.Y. 1993)
Voorheesville Rod & Gun Club (plaintiff) agreed to purchase a portion of E.W. Tompkins Company’s (defendant) land. Tompkins was to convey a warranty deed subject to all covenants, conditions, restrictions and easements of record and to zoning and environmental protection laws. Before the closing, Voorheesville requested Tompkins to comply with the subdivision requirements for the parcel. Tompkins did not seek subdivision approval, and Voorheesville refused to close. Tompkins then cancelled the contract and returned Voorheesville’s deposit. Voorheesville sued for specific performance of the contract and an order to compel Tompkins to seek subdivision approval. The trial court held that failure to obtain subdivision approval constituted a cloud on the title and ordered Tompkins to seek subdivision approval and to complete the sale. The appellate division affirmed, holding that the failure to obtain subdivision approval rendered title unmarketable. Tompkins appealed.
Rule of Law
Holding and Reasoning (Hancock, 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 725,000 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
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 725,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,700 briefs, keyed to 983 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.