Belanewsky v. Gallaher

The defendants demur to the complaint on the ground that it fails to state facts sufficient to constitute a cause of action. The action is in equity for a judgment, decreeing the specific performance of a contract for the sale of real property.

The defendants urge in support of the demurrer that the complaint fails to specifically allege that the plaintiff has no adequate remedy at law. Such an allegation is not necessary in an action to compel the specific performance of a contract to convey real estate.

The court will specifically enforce an agreement to sell *151real estate, even where the…