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Contracts Keyed to Templin
Oppenheimer & Co., Inc. v. Oppenheim, Appel, Dixon & Co.
Citation:86 N.Y.2d 685
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Oppenheimer & Co., Inc. (plaintiff) entered into a conditional agreement with Oppenheim, Appel, Dixon & Co. (defendant) to lease plaintiff’s space at One New York Plaza. The agreement required the plaintiff to first obtain written consent of the landlord by a set date, and if plaintiff failed to do so, the agreement was to be deemed “null and void.” By that date, the plaintiff told the defendant orally that consent had been obtained by the landlord. The following day, defendant informed the plaintiff that the agreement was “null and void” for failure to timely deliver the landlord’s written consent. The plaintiff sued for breach of contract, arguing that it had substantially performed the conditions of the agreement.
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