Summary
In Palmer v. Gould (144 N.Y. 671) the court declared it to be a well-settled rule that the specific performance of a contract for the sale of lands will not be decreed if the remedy be not mutual. The same doctrine was asserted by this court in Stokes v. Stokes (148 N.Y. 708); Mahaney v. Carr (175 N.Y. 454) and Ide v. Brown (178 N.Y. 26, 39).
Summary of this case from Wadick v. MaceOpinion
Argued December 17, 1894
Decided January 15, 1895
Thomas Raines for appellant.
David Hays for respondent.
GRAY, J., reads for reversal.
All concur upon the last ground of the opinion, relating to the refusal to find as to Barker's secretly acting for the plaintiff.
Judgment reversed.