O'Neill v. Linowitz

Buchanan, Y. C.

Complainants by their bill of complaint seek specific performance by defendant as vendee of a contract of purchase and sale of complainants’ lands. . Decree pro confesso was regularly entered against defendant upon his failure to answer or otherwise plead.

Defendant now applies for an order reopening the decree pro confesso and permitting him to file an answer. The answer which he asks leave to file is annexed to the notice of motion, together with an affidavit as to the facts and circumstances relied on as grounds for the making of the order sought. Counter affidavits were…