New York Court of Appeals, 1930

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

Lojo Realty Co. v. Estate of Isaac G. Johnson, Inc.
New York Court of Appeals · Decided April 8, 1930 · <italic>Per Curiam.</italic>
171 N.E. 791; 253 N.Y. 579; 1930 N.Y. LEXIS 950 (North Eastern Reporter)

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.

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