Nanny v. Fancher , 34 N.Y. St. Rep. 954 ( 1890 )

Dykman, J.

This is an appeal from a judgment in favor of the plaintiff upon a demurrer to the complaint, and we think the judgment must be affirmed. The action is substantially fora specific performance of a written contract, and all persons interested are made parties. There is no difficulty in administering full relief to all, and it is a case where equity will decree a performance of the agreement. We think, also, the plaintiff may maintain the action.