Garfein v. McInnis case brief

Garfein v. McInnis case brief summary
162 N.E. 73 (1928)

CASE SYNOPSIS

Plaintiff purchaser instituted an action for the specific performance of an alleged contract to convey real estate. Defendant seller appealed the decision of the Appellate Division of the Supreme Court in the second judicial department (New York), which affirmed an order of the trial court denying the seller's motion for an order setting aside the service on him of the summons and complaint.

DISCUSSION

• The court held that the issue presented was whether a judgment in an action for specific performance was only a decree in personam against the party who had agreed to convey property, or whether the court in such an action could grant a judgment which operated upon the property itself and resulted in a transfer of the title to a successful party though the defendant failed or refused to obey a command of the judgment directed to him. 
• The court concluded that although the court could not by constructive service obtain jurisdiction of the person of seller and could not compel him to obey its decree, the court had the power to make a decree which affected the interests the seller had in property within the state, whether he obeyed the decree or not. 
• Accordingly, the court affirmed the decision of the trial court.

CONCLUSION
The court affirmed the decision of the trial court, which affirmed the trial court's order denying the seller's motion for an order setting aside the service on him of purchaser's complaint seeking specific performance of a land contract.

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