Lojo Realty Co. v. Estate of Isaac G. Johnson, Inc.
This text of 171 N.E. 791 (Lojo Realty Co. v. Estate of Isaac G. Johnson, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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Cite This Page — Counsel Stack
171 N.E. 791, 253 N.Y. 579, 1930 N.Y. LEXIS 950, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lojo-realty-co-v-estate-of-isaac-g-johnson-inc-ny-1930.