James L. Callan, Inc. v. Estfred Corp.

Callan contends its contract with Estfred was specifically enforceable at the time it was entered into because Estfred had legal title to all the lots excepting lot 14 for which it had a contract of purchase with Rose Mat-tioli which gave rise to an equitable title. Callan then contends its right to specific performance is enforceable against Jeteo because Jeteo as successor in title to the land from Freeman was not an innocent purchaser without notice, nor was Freeman. In substantiation of the first argument, Cal-lan relies on 49 Am. Jur., Specific Performance, p. 118, sec. 100, to the…