Felix J. Duffy, Respondent v. Dennis J. O’Donovan, Appellants

Summary

The New York Court of Appeals affirmed the lower court's judgment granting specific performance of a land sale contract. It held that the defendants, having admitted the contract and failed to plead the statute of frauds, waived that defense; that the vendor's agent waived the precise time for performance; that the plaintiff's tender was valid; and that the subsequent purchaser took title subject to the plaintiff's equities.