Stirn v. 293 Avenue B Corp.

This appeal involves the title of defendant to certain real property which the plaintiff contracted to purchase from the defendant. Title was rejected by the plaintiff upon the sole ground that the property was incumbered by a condition contained in a water grant. The plaintiff demanded judgment that the defendant specifically perform and, in the event defendant was unable to convey title in accordance with the contract of sale, that plaintiff have judgment for the amount of the down payment, together with the expenses of examination of title. As the plaintiff had rejected title, the action…