Goerlitz v. Malawista

The question presented by the agreed case is whether a specific performance should be decreed of a contract for the purchase of certain premises in this city. The plaintiff is the vendor, and he asks a judgment requiring the defendants to so perform. The defendants ask to be released, and pray that the plaintiff be required to return to them the sum paid on account of the purchase price. The objection to the plaintiff’s title arises from the will of W. Anderson Waydell, who owned one undivided third interest in the premises in question. The clauses of this will which we are called upon to…