Gauss v. First Wayne National Bank

October 23, 1931, plaintiff filed a bill for specific performance of a written contract, a copy of which appears in the margin, * and for an order directing defendant bank to convey and deliver to bim the bonds and notes which he designated. The bank filed an answer in the nature of a cross-bill naming all of the persons who executed as purchasers the contract as defendants. The answer and cross-bill of the bank denied plaintiff’s right to select the bonds and notes designated by him, because such selection by plaintiff would affect the rights of the bank and other guarantors. By way of…