New York Court of Appeals

Mayer Sternberger v. . Owen McGovern

February 10, 187456 N.Y. 12

Summary

The New York Court of Appeals reversed the lower court and ordered a new trial, holding that the parties' contract was an exchange of land rather than a sale, that specific performance of any part could not be granted when the other part could not be performed, and that the complaint properly joined legal and equitable causes of action and therefore should not have been dismissed.