New York Court of Appeals

William C. Johnson, Respondent v. James I. Brooks, Impleaded

October 2, 188393 N.Y. 337

Summary

The Court of Appeals affirmed the trial court's decree of specific performance, holding that equity may order specific performance of a chattel contract where damages are inadequate, that the oral contract is enforceable despite the Massachusetts statute of frauds because of part performance and a fiduciary relation, and that the plaintiff is entitled to the shares and bonds under the agreement.