New York Court of Appeals
Artemas H. Holmes, Appellants v. George S. Evans, Respondents
December 1, 1891129 N.Y. 140
Summary
The Court affirmed the lower court's judgment, holding that the agreement between the lawyers and the defendants was an equitable assignment that required the lawyers' performance as a condition precedent to any specific performance. Because the lawyers withdrew from the case, they forfeited their equitable rights and could not compel specific performance. The Court also affirmed the denial of the motion to reopen the case.