Avola v. Petit Building Co.

The action is for the specific performance of a contract to convey real estate. It does not appear that the person sought to be brought in as a defendant was a party to the contract or that she had title to the property involved. I am, therefore, of the opinion that the order should be reversed and the motion denied.

No opinion. Present — Clarke, P. J., Laughlin, Dowling, Smith and Greenbaum, JJ.; Greenbaum, J., dissenting.