Barry v. Ruskin

The complainant Belier is the assignee of the complainant Barry, and seeks the specific performance of a contract for the sale of land in the city of Newark by the defendant, who agreed to convey to Barry. The contract is dated June 5th, 1925, and its terms are not in dispute. It provided for settlement on September 1st, 1925. Time was not made of the essence of the contract by its terms. The contract was assigned to Beiler by Barry on July 22d 1925, but the defendant had no notice of this assignment. The complainant-assignee was not ready for settlement on September 1st, because of…