Langel v. Betz case brief summary
164 N.E. 890 (N.Y. 1928)
Defendant assignee appealed a decision
in favor of plaintiff buyer requiring specific performance of a
purchase contract for real property from the Appellate Division of
the Supreme Court in the Second Judicial Department (New York).
FACTS Plaintiff seller entered into a
contract for the sale of real property in which defendant assignee
eventually received rights to the property. Third-party buyers
assigned defendant the contractual rights under the contract.
Defendant requested an extension of time for performance so a title
search could be accomplished. Plaintiff denied the request and
litigation ensued where plaintiff sued for specific performance. The
trial court found in favor of plaintiff and defendant's subsequent
appeal was denied.
Upon a final determination, the Court of Appeals
reversed, holding that as an assignee, defendant was not required to
perform in a manner as if it were an assignor.
Court held that defendant's request for an extension of time did not
create an obligation to specifically perform, nor did it involve the
creation of privity with the plaintiff.
The Court of Appeals reversed the appellate court on the grounds
that defendant's request for an extension of time did not result in
the obtainment of duties as an assignor without some express or
implied act to establish a contractual relationship. Suggested law school study materials
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