Court on Appeals of the State of New York Case on Appeal

Court on Appeals of the State of New York Case on Appeal

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. Excerpt: ...to this corporation. It was further provided that the corporation should enter into an agreement with Bimberg for the erection of a theatre and office building upon the premises for the sum of $243,500. The agreement then provided that if Bimberg should tender to the corporation an offer made by some satisfactory person or corporation "to lease the theatre portion of said building for an annual rental of not less than $40,000, the corporation shall execute such a lease to the proposed lessee, one of the terms of which lease shall provide for an advance payment, the amount of which not to exceed $40,000, when received in cash by the corporation, shall be paid to said Bimberg on accout of the contract price $243,500" (fol. 362). Upon the consummation of this agreement, with Thomas and Tracy, Bimberg entered into negotiations with Lee Shubert, a theatrical manager, and his counsel William Klein, for the leasing of the proposed theatre. These negotiations began shortly before July 24th, 1905, and culminated in the execution of the agreement dated July 24, 1905 (fols. 69-71, Plaintiff's Exhibit 1, page 109). During these negotiations Bimberg exhibited to Klein and Shubert the Thomas-Tracy-Bimberg agreement as evidence of his authority to euter into an agreement for the lease of the theatre (fols. 70-73, 75, 78, 80, 83-84). They thus knew at the outset of the provision above quoted relating to the advance payment of an amount not to exceed $40,000. The agreement between Shubert and Bimberg dated July 24, 1905, was prepared by Klein in Shubert's office during a conference between Bimberg, Shubert and Klein and executed at once, though Bimberg was without counsel (fols. 88-89). By this agreement Bimberg agreed to lease the theatre building to be...show more

Product details

  • Paperback | 190 pages
  • 189 x 246 x 10mm | 349g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236979222
  • 9781236979223