Bowman v. Reyburn

I respectfully dissent. A reading of the Court’s opinion discloses that it loses sight of the two primary reasons why Exhibit C was executed, viz., to repay Reyburn his $50,000, and to save something from the Norman Apartments for Bowman’s family out of the reorganization. With these in mind, I propose to show that the prayer for specific performance should have been granted.

I take the liberty of restating the factual background as I gather it from the record: The two principals in the litigation are William N. Bowman and Roscoe Reyburn. Bowman is the husband of Alice, and father of Dorothy,…