Pure Oil Co. v. Rosengarten , 227 A.D. 623 ( 1929 )

Judgment reversed on the law and the facts and new trial granted, costs to abide the event. We are of opinion that plaintiff made out a ;prima facie case to entitle it to specific performance, and that the complaint was, under the circumstances, improperly dismissed on the merits. Rich, Hagarty, Carswell and Scudder, JJ., concur; Lazansky, P. J., dissents.