Simon v. Waltman

Plaintiff, who has brought suit in this court for specific performance for the contract of the sale of real-property, moves to bring to this court a Municipal Court action against her brought by the present defendant wherein this defendant is plaintiff, and which is an action at law in which she has demanded and obtained a jury of six.

The present plaintiff could in the Municipal Court action set up all the facts concerning the alleged fault of the buyer and thereby, if successful, defeat the suit to recover the deposit. The fact that the Municipal Court cannot grant equitable relief has…