Feldman v. Warshawsky

The opinion of the court was delivered by

Paekee, J.

The facts are fully, and as we think after a careful examination of the evidence, correctly stated in the opinion of the learned vice-chancellor. The reasoning of the opinion below proceeds on the theory of awarding specific performance of an agreement to make a mortgage, on the ground of part performance by complainant, such part performance consisting simply of the advancing of the mortgage money. In support of this the opinion cites several decisions in other states, of course not controlling here, and three cases in this state, viz., Dean…