New York Court of Appeals

The Standard Fashion Company, Respondent v. the Siegel-Cooper Company and the Butterick Publishing Company…

October 18, 1898157 N.Y. 60

Summary

The Court of Appeals affirmed the Appellate Division's order refusing to dismiss the complaint for specific performance, holding that a demurrer is improper where the complaint alleges a lawful, performable contract and that the court may retain the action for an injunction despite the difficulty of enforcing specific performance.