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RUDER v. LINCOLN ROCHESTER TRUST CO.

18 A.D.2d 763 (1962)

Angelo J. Ruder, Respondent, v. Lincoln Rochester Trust Company, as Executor and Trustee of The Will of Ernest L. Button, Deceased, Appellant

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

December 6, 1962

Judgment and order unanimously reversed on the law and facts and a new trial granted, without costs of this appeal to either party.

Memorandum:

This action was brought to compel specific performance of an alleged contract for the sale and purchase of shares of stock of a corporation. "The remedy of the specific performance of contracts is purely equitable, given as a substitute for the legal remedy of compensation, whenever the legal remedy is inadequate or...

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