Schubel v. Berharr Macfadden Foundation, Inc.

In an action for specific performance and for other relief, the appeal is from a judgment dismissing the complaint upon the merits after trial. Judgment modified to the extent that it be deemed without prejudice to such action at law, if any, as appellant may be advised to pursue. As so modified, judgment unanimously affirmed, without costs. In our opinion, appellant failed to establish any cause of equitable action, entitling him to specific performance. The underlying writings offered by him as constituting an agreement to convey the subject real property to him, and the additional proof…