Langel v. Betz

164 N.E. 890 (1928)

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Nature of the Case

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Facts

Langel (P) contracted with Hurwitz for the sale of real property. Hurwitz assigned that contract to Benedict, who assigned it to Betz (D). The assignment contains no delegation to the assignee of the performance of the assignor's duties. There was no explicit listing of the assignor's duties in the assignment contracts used. D requested an extension of the performance date because the title company had not completed its search and report on the title to the property. On the date of performance, D refused to perform. The vendor, P, was ready, able and willing to do so, and was present at the place specified with a deed, ready to tender it to D who did not appear. P sued for specific performance. D appealed the award to P.