Darneille v. Geraci

In this suit for specific performance, the questions on appeal are whether it was error to allow the seller a rehearing for the purpose of asserting a new and different defense after the entry of a decree granting specific performance; and, assuming the rehearing was proper, whether it was error to deny specific performance when the purchaser offered to pay the balance of the purchase money into court.

In the fall of 1962, Joseph A. Darneille (the purchaser or plaintiff) and Joseph A. Geraci and his wife (the sellers or defendants), following an extended period of negotiations, entered into a…