Epstein v. . Gluckin
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 8, 1920, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. There is no rule of law preventing an assignee from obtaining specific performance of a contract for the purchase and sale of real property. The so-called “ mutuality ” rule has no application to an assignee. (4 Pom. Eq.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 8, 1920, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. There is no rule of law preventing an assignee from obtaining specific performance of a contract for the purchase and sale of real property. The so-called “ mutuality ” rule has no application to an assignee. (4 Pom. Eq. Juris. [3d ed.] § 1405; Jones v. Tankerville, [1909] 2 Ch. Div. 440; Baker Mach. Co. v. U. S. F. A. Co., 97 Atl. Rep. 613; Naylor v. Parker, 139…
1Opinion of the CourtCardozo, J.
One Rose Gluckin made a contract to sell a house and lot in Brooklyn to Weinstein and Joblin. The price, $12,550, was to be paid partly in cash and partly by the execution of a purchase-money bond and mortgage payable in semi-annual installments within a period of three years. The vendees assigned to the plaintiff their interest in the contract and in the land therein described. A suit for specific performance followed the vendor’s refusal to convey. /^The Special Term gave judgment in favor of the plaintiff^ The Appellate Division reversed on the ground that specific performance will not be…
2Cases cited16 opinions
- Elterman v. . HymanNew York Court of Appeals · 1908
- Bostwick v. . BeachNew York Court of Appeals · 1886
- Haffey v. . LynchNew York Court of Appeals · 1894
- Levin v. . DietzNew York Court of Appeals · 1909
- Catholic Foreign Mission Society of America v. OussaniNew York Court of Appeals · 1915
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