Grayson-Robinson Stores v. Iris Constr. Corp.
8
N.Y.2d 133, 202 N.Y.S.2d 303, 168 N.E.2d 377 (1960).
Facts: The defendant contracted
with the plaintiff to build a store on some of the defendant’s property. The defendant became unable to get financing
and asked the plaintiff for an increase in rent. The plaintiff refused and the case went to
arbitration. The arbitrators ordered
Iris to proceed. By statute,
Issue: Should the courts enforce specific
performance as ordered by the arbitrators?
Rule: A
Analysis: Normally, taking on
responsibility to enforce an order that is arguably impossible would be
rejected by courts on pubic policy grounds.
Here, the statute seems to trump the common law rule.
Conclusion: The Court of Appeals of