Mayer Sternberger v. . Owen McGovern

Summary

The New York Court of Appeals reversed the lower courts and ordered a new trial, holding that the parties' agreement was an exchange of land rather than a sale, and therefore specific performance of any part could not be granted. The court further held that the complaint properly combined legal and equitable claims and should not have been dismissed. A concurrence agreed with the result on the peculiar facts but did not address the broader question of specific performance with dower compensation.