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Duffield v. Montauk Realty Security Co., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1930
228 App. Div. 846 (N.Y. App. Div. 1930)

Opinion

March, 1930.


Order denying defendant's motion for judgment on the pleadings affirmed, with ten dollars costs and disbursements. No opinion.

Lazansky, P.J., and Kapper, J., concur; Hagarty, J., concurs upon the ground that the complaint states facts sufficient to constitute a common-law cause of action for damages for breach of contract;


The complaint alleges a cause of action in equity for specific performance. Without allegations to the effect that the stock has any peculiar value, or that the computation of its value is difficult or impossible and that plaintiff has no adequate remedy at law, "equity would not * * * exercise its discretion to award specific performance of the agreement set out in the complaint, and without such averments, the pleading cannot be said to state a cause of action in equity for specific performance." ( Bateman v. Straus, 86 App. Div. 540, 544; Kennedy v. Thompson, 97 id. 296.)


Summaries of

Duffield v. Montauk Realty Security Co., Inc.

Appellate Division of the Supreme Court of New York, Second Department
Mar 1, 1930
228 App. Div. 846 (N.Y. App. Div. 1930)
Case details for

Duffield v. Montauk Realty Security Co., Inc.

Case Details

Full title:RAYMOND E. DUFFIELD, Respondent, v. MONTAUK REALTY SECURITY Co., INC.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 1, 1930

Citations

228 App. Div. 846 (N.Y. App. Div. 1930)