Wednesday, December 25, 2013

Langel v. Betz case brief

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).

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. 
  • Specifically, the 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.

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