Court of Appeals of New York
164 N.E. 890 (N.Y. 1928)
Isidor Betz (defendant) was assigned a contract for the sale of land by Benedict, who was assigned the contract by Hurwitz and Hollander, the vendees in the original contract. The assignments contained no delegation of the assignor’s duty to perform under the contract. After the contract was assigned to him, Betz requested an extension of time for performance and the request was granted. However, after the time extension ended, Langel (plaintiff), the seller of the land in the original contract, was ready to perform and Betz refused. Langel brought suit against Betz for specific performance of the contract. The trial court ruled in favor of Langel. Betz appealed.
Rule of Law
Holding and Reasoning (Pound, J.)
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