Purcell v. Rothman

Appellant Norman C. Purcell contracted with the appellee, one Leah Rothman, for the purchase of certain real estate owned by appellee. Alleging nonperformance by the seller, the appellant filed a suit in equity for specific performance, or for damages “in the event of her inability” to convey.

A motion to dismiss was denied. Answer was filed, disclosing incapacity of the seller (1) because she was married, and (2) because she had devested herself of the property.

The court granted a summary final decree on motion of the defendant. This amounted to a denial of specific performance, and a…