Levy v. Beach Investment Corp.

Donald M. Levy and Frances D. Levy, his wife, and Ralph Rabinowitz and Jean D. Rabinowitz, his wife, brought this suit for specific performance of a contract, providing for the sale of real property to them by Beach Investment Corporation (“Beach”). The trial court denied specific performance, and this appeal ensued.

The proposed contract was signed and sealed on behalf of Beach and delivered to Mr. and Mrs. Levy on January 21, 1968. Mr. and Mrs. Levy and Mr. and Mrs. Rabinowitz signed and sealed the contract on January 27 and 28.

On conflicting evidence, the trial court found that Mrs. Levy…