Samuel I. Epstein, Appellant v. Rose Gluckin, Respondent, Impleaded With Another

Summary

The Court of Appeals reversed the Appellate Division and affirmed the Special Term judgment, holding that an assignee of a vendee may sue for specific performance of a land sale contract and that the mutuality of remedy rule does not bar such relief. The court reasoned that the assignee steps into the vendee's equitable ownership and assumes the duty of performance, rendering the mutuality requirement inapplicable.