Kent v. Church of St. Michael — 44 N.Y. St. Rep. 936

Majority

p. 936

James Kent et al., Ex’rs, Resp’ts, v. The Church of St. Michael, App’lt.

Headnote

Appeal from judgment decreeing specific performance of a contract for the sale of land.

John J. Belany, for app’lt; Tillotson & Kent, for resp’ts.

We think that Baker v. Lorillard, 4 N. Y. 266 ; Moore v. Littel, 41 id., 82; Jenkins v. Fahey, 73 id., 355, support the decision at special term and determine the cause in favor of the plaintiff.

Judgment affirmed, with costs.

Dykman, J., concurs; Barnard, P. J., not sitting.