Blumenthal v. Cain

Blumenthal sued Cain, not as executor but as an individual, for $4,125 damages, alleging: that Cain, as executor of the Downs estate, and in behalf of the other executors, contracted with him in writing to sell to him certain land of the estate for $10,000 when the executors should perfect title to the property; that, under the will the defendant did not have authority to sell said property at private sale, but'the plaintiff did not know, this at the time the contract was made; that the plaintiff was at all times ready, able, and willing to pay to Cain the purchase-price stipulated, but Cain,…