Campione v. Eckert
New York Supreme Court
Action for specific performance.
1Opinion of the CourtCropsey, J.
Where a man makes a contract to sell his property and then refuses to perform upon the claim that his wife will not sign the deed, a performance may be decreed with the provision that if the wife does not join in the conveyance, an abatement in the purchase price be made representing her dower interest. Granoff v. Korpus, N. Y. L. J. Nov. 29, 1919; Bostwick v. Beach, 103 N. Y. 414. This imposes no hardship upon the owner. If he is not certain he can obtain his wife’s signature, he should not execute the contract. And if he would protect himself he should secure his wife’s signature to the…
2Cases cited1 opinion
- Bostwick v. . BeachNew York Court of Appeals · 1886
3Cited by2 opinions
- Weintraub v. KruseAppellate Division of the Supreme Court of the State of New York · 1921
- Goss v. CohenAppellate Division of the Supreme Court of the State of New York · 1926