Werner v. Noeth
145 N.Y.S. 1149
N.Y. App. Div.
1914
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Judgment reversed and new trial granted, with costs to appellant to abide event. Held, that the judgment is erroneous in that it requires defendant to specifically perform the contract without requiring plaintiff to perform on his part by furnishing to defendant the title and tax searches and map or survey specified in the contract, there being no finding that this part of the contract has been either performed or waived. All concurred.