Kerrick v. Schoenberg

SAMUEL A. DEW, Special Commissioner.

Plaintiff brought this suit in equity in two counts, both based upon his contract to purchase a tract of land. In Count I he sought specific performance, and also asked damages for defendants’ failure to include in their warranty deed to the property purchased, two provisions of the contract affecting the tract purchased and defendants’ adjoining land. In Count II he asked for an adjudication of the legal and equitable title to the real estate involved, prayed for specific performance of the contract, and for damages. Trial was had on the theory that…