Mechanick v. Duschaneck

The defendant Duschaneck, by contract in writing, agreed to sell and convey his land to one Abruzzo. Abruzzo assigned the contract to O'Donnell Arotsky. O'Donnell Arotsky agreed in writing to convey the land to the complainant, subject to acquiring title. The bill is to enforce the original contract and compel Duschaneck to convey to the complainant. The complainant cannot recover directly on the original contract. He is neither party nor privy to it; he is not an assignee. McVoy v.Baumann, 93 N.J. Eq. 360. To a common bill for the specific performance of a contract of sale the parties to the…