New York Supreme Court March 10, 1925 (McDonald v. Skinner)

Rhodes, J.:

This is a motion to dismiss a complaint on the ground that it does not state facts sufficient to constitute a cause of action.

Plaintiff claims that the action is in equity, brought to compel specific performance of a land contract. Defendants insist that the action is at law and that the complaint sets forth only a cause of action for ejectment.