Dealy v. Klapp — 236 N.Y. 631

Majority

p. 631

Katherine C. Dealy, Appellant, v. Edward C. Klapp, Respondent.

Headnote

Contract — specific performance — vendor and purchasei action to compel specific performance of contract to purchase real property.

Dealy v. Klapp, 203 App. Div. 216 , affirmed.

(Argued June 14, 1923;

decided July 13, 1923.)

Appeal from a judgment, entered December 13, 1922, upon an order of the Appellate Division of the Supreme Court in the third judicial department reversing a judgment in favor of defendant entered upon a verdict and directing judgment in favor of plaintiff. The action was to compel specific performance of an alleged contract

p. 632

to purchase land. The order of the Appellate Division contained no provision requiring the plaintiff to specifically .perform her part of the contract. Defendant moved to resettle and amend the order of the Appellate Division by incorporating in it provisions requiring the plaintiff also to specifically perform. The motion was granted and judgment nunc pro tunc as of December 13, 1922, was entered requiring not only defendant to perform his contract, but also granting to defendant affirmative relief and requiring that plaintiff perform the contract. From that judgment this appeal is taken.

J. H. Dealy for appellant.

Christopher J. Heffernan for respondent.

Judgment affirmed, with costs; no opinion.

Concur: IIisgock, Ch. J., Hogan, Caedozo, Pound, McLaughlin, Crane and Andrews, JJ.