Whitney, Exec. v. Halibut

Richard H. Whitney, executor and sole legatee under the will of Richard H. Sears, deceased, brought this suit against Hali but, Inc. and its transferee, H.I.S. Corporation, primarily for specific performance of a provision in a contract of sale of real estate between Sears as vendor and Halibut as vendee by which, the vendee agreed to pay the vendor’s federal income tax resulting from his capital gain on the sale. The controversy on this appeal grows.out of that provision, the full text of which is set forth.later. (Halibut and its transferee either are closely affiliated or have been merged,…