Powers v. Mulford

The plaintiffs appeal from an order dismissing their complaint under rule 107 of the Buies of Civil Practice, upon the ground that, at the time of the institution of the action, there was another action pending between the same parties for the same cause.

The controversy between the parties grows out of a real estate contract dated November 24, 1947, under which the plaintiffs agreed to purchase, and the defendant Buth C. Mulford (through her husband, the defendant Jack W. Mulford, as her attorney in fact) agreed to sell, certain premises in Canastota, New York, upon which there was a building…