Cohen v. Goldberg

The opinion of the Court was delivered by

Mr. Justice Stabler.

On June 8, 1926, the plaintiff, through his agents, entered into a contract with the defendant Goldberg, for the sale to Goldberg of the premises known as 35 Spring Street, in the City of Charleston. Goldberg subsequently refused to comply with the contract on the ground that the plaintiff’s title was defective, whereupon this suit was commenced by the plaintiff to compel specific performance.

After suit was begun, an order was obtained from Judge Grimball, requiring that John P. Sullivan, as trustee of Mary Elizabeth Miller, minor,…