Fred O. Watson Co. v. United States Life Insurance Co. of New York

KELLY, Justice.

Defendant appeals from an order which denied its motion for a new trial, and from the judgment granting plaintiffs specific performance of a standby purchase commitment. Plaintiffs seek review of the judgment insofar as it denies recovery of costs occasioned by defendant’s failure to perform. We affirm in part and reverse in part.

Plaintiffs seek specific performance of an agreement between plaintiff Fred. 0. Watson Company (Watson) and defendant United States Life Insurance Company in the City of New York. The agreement, a standby commitment 1 dated December 14, 1971, provided…