Lojo Realty Co. v. Estate of Isaac G. Johnson, Inc.

New York Court of Appeals
Lojo Realty Co. v. Estate of Isaac G. Johnson, Inc., 171 N.E. 791 (N.Y. 1930)
253 N.Y. 579; 1930 N.Y. LEXIS 950
<italic>Per Curiam.</italic>

Lojo Realty Co. v. Estate of Isaac G. Johnson, Inc.

Opinion of the Court

Per Curiam.

The first, third and fourth questions certified are improper in form.

We interpret the second question as propounding an inquiry whether specific performance may be granted to an assignee of such a contract as is pleaded in the complaint if he has failed to tender a bond executed by his assignor. So interpreting it, the answer must be “ no.”

The order should be affirmed, with costs; the second question certified answered no; and the other questions are not answered.

Caedozo, Ch. J., Pound, Cbane, Lehman, Kellogg, O’Beien and Hubbs, JJ., concur.

Order affirmed, etc.

Reference

Full Case Name
Lojo Realty Company, Inc., Appellant, v. Estate of Isaac G. Johnson, Incorporated, Respondent
Cited By
10 cases
Status
Published