Del Porto v. O'Donnell

Plaintiff sued for specific performance of a written contract to sell real property. Judgment of non-suit was entered on the ground that plaintiff had failed to prove a case for specific performance.

The contract called for the payment of $1,000 down (which was paid) and a balance of $6,500 to he paid to a designated title company upon payment of which the seller was to deliver to the same title company a duly acknowledged deed of conveyance. No part of the balance was paid. The complaint failed to allege payment or offer to pay the balance. And no proof of either was tendered. The purchaser…