SMITH v. BROOKS


284 A.D. 831 (1954)

Maynard Smith, Appellant, v. Wesley H. Brooks, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 8, 1954.


Judgment reversed on the law and facts, with costs, and judgment directed to be entered in accordance with the memorandum, with costs. Certain findings of fact disapproved and reversed and new findings made.

Memorandum:

Upon the record before us, we reach the conclusion that the determination of the trial court denying specific performance to compel the defendant to carry out his written contract to convey the premises therein described to the plaintiff was...

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