Cohen v. Rosenstock Motors, Inc.

This action is by the purchaser for specific performance of a contract of sale of a new motor car. Defendant *427moves under rule 106 of the Rules of Civil Practice to dismiss the complaint for insufficiency, the contention being that the allegations do not make out a case in which specific performance will lie.

Section 149 of the Personal Property Law (Uniform Sales Act, § 68) provides; “ Where the seller has broken a contract to deliver specific or ascertained goods, * * * a court of equity may, if it thinks fit, on the application of the buyer, by its judgment or decree, direct that the…