New York Court of Appeals

Jacob H. Saperstein, Respondent v. the Mechanics and Farmers Savings Bank of Albany, Appellant

March 9, 1920228 N.Y. 257

Summary

The Court of Appeals reversed the lower courts' judgment and dismissed the plaintiff's action, holding that specific performance of a real estate contract is unavailable when the seller has already conveyed the property to a third party and that the plaintiff, having never performed his own obligations, cannot recover damages at law.