Finnerty v. Reed

This bill in equity was brought by the vendor for specific performance of a written agreement for the purchase and sale of real estate. The defendant’s answer set up a counterclaim (see Rule 32 of the Superior Court [1954]) to declare the contract a nullity. The plaintiff appeals from a final decree dismissing his bill and declaring the agreement “null and void for the reason-that-sueh-agreememt to_p.urchase.was contingent on William E. Reed, being able to construct a dwelling on said lot which was not possible to do.” The evidence is reported, but there is no report of material facts. In…