Covert v. Brinkerhoff
New York Supreme Court
Suit by vendor against purchaser for specific performance of an agreement to purchase a lease of real estate and the buildings and fixtures >on the land.
1Opinion of the Court
Gaynor, J.:
Courts of equity decree the specific performance of contracts for the sale of realty or of personalty without any distinction, and at the suit of either purchaser *231or vendor, the remedy being mutual, on the ground that damages at law would not in the particular case afford an adequate remedy. In the case of ordinary chattels or merchandise, damages based on market value are as complete a remedy as delivery would be. It is different in the case of unique chattels, or any personal property which has a special or particular value or use to the purchaser. And in the case of land, or of…
2Cases cited8 opinions
- Town of Mentz v. . CookNew York Court of Appeals · 1888
- Post v. . MasonNew York Court of Appeals · 1883
- Carroll v. . DeimelNew York Court of Appeals · 1884
- Robinson v. New York Elevated RailroadNew York Court of Appeals · 1903
- Blashfield v. Empire State TelephoneNew York Court of Appeals · 1895
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3Cited by2 opinions
- Shea v. KeeneyAppellate Division of the Supreme Court of the State of New York · 1913
- Blumenfeld v. AronsonAppellate Division of the Supreme Court of the State of New York · 1921