Morten v. Zevalkink

The main relief sought by plaintiff's bill of complaint in the instant case is specific performance, although incidentally she seeks injunctive relief and relief by way of cancellation. On this appeal by defendants we hear the case de novo. Upon such consideration I am in accord with the conclusion of Mr. Justice WIEST that the bill of complaint should be dismissed without prejudice to plaintiff's right to institute an action at law.

In the opinions of Justices WIEST and SHARPE the factual background of the case appears; and the record as a whole sustains the following conclusions of fact and…