Sperber v. Berkowitz

The plaintiffs appeal from a final judgment which denied their complaint for cancellation of an option agreement for the purchase of land owned by them and which granted defendant-counterclaim-ants’ counterclaim for specific performance of the contract. On appeal the appellants urge first that the court erred in denying the cancellation because the plaintiff-appellants had proved frustration of purpose, inequitable conduct and indefiniteness of contract. We have examined the record in the light of these contentions and find *726that there was conflicting evidence before the trial court upon each…