Jasmin v. Alberico

In this case an action of ejectment became an action for specific performance. Title to premises now occupied by the defendants, the Albericos, is recorded in the name of the plaintiff, Phyllis Jasmin, and her deceased husband. She sought to evict the defendants as tenants at will. They resisted her action and brought a counterclaim for specific performance, alleging an agreement between the parties to convey title to the Albericos upon payment of $2,000.00.

The trial court heard the matter and denied the action for ejectment. Under the counterclaim, judgment was given for specific performance…