LANGEL V. BETZ
164 N.E. 890 (1928)
NATURE OF THE CASE: Betz (D), assignee, appealed a decision in favor of Langel (P),
buyer, requiring specific performance of a purchase contract for real property.
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 then 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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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