Robertson v. Bogert

Plaintiff appeals from a judgment denying his right to recover damages for an alleged breach of a contract to convey real property.

The present litigation is a sequel to a suit for specific performance of the same contract which plaintiff commenced in April, 1952. In that suit, defendant * sought rescission and cancellation of the contract. The judgment in that case denied plaintiff relief “by way of or in the nature of specific performance” upon findings, among others, that the agreement was not just, fair or reasonable as to the defendant because the contract price was $50,000 and the value…