Majority
p. 1133COONRAD, Plaintiff, v. MARRIOTT et al., Defendants. (Supreme Court, Special Term, Oneida County. September, 1899.)
Headnote
Action to compel specific performance of contract for sale of certain premises made by defendant Marriott with plaintiff.H. S. Willison and D. F. Searle, for plaintiff. J.. S. Baker, for defendants.
Plaintiff’s complaint is dismissed, without costs, on the ground that the contract of sale given by defendant Marriott to the plaintiff, Coonrad, was not of such a fair, just, and equitable character as will be specifically enforced by a court of equity. Seymour v. Delancey, 6 Johns. Ch. 222 ; Margraf v. Muir, 57 N. Y. 158 ; Sherman v. Wright, 49 N. Y. 227 . Complaint dismissed, without costs.
Cases cited
- Seymour v. Delancey 6 Johns. Ch. 222 p. 1133
- Sherman v. Wright 49 N. Y. 227 p. 1133