Poth v. Washington Square Methodist Episcopal Church

McAvoy, J.:

This is a suit for the specific performance of an agreement to lease certain premises in the borough of Manhattan, New York city. The agreement between the parties contemplated the erection of an eight-story building upon the premises, which, in part, was *220to be financed through a building loan to be obtained by the defendant. The court at Special Term found that the plaintiff had made out a case entitling him to relief but, because the defendant was to obtain a mortgage out of which it was to make plaintiff a loan, specific performance could not be decreed. Thereupon plaintiff was…