Ferro v. Miller

This is an action for breach of a contract for the sale of real property, tried by the court without a jury. Title was closed and a deed was delivered and accepted. The gravamen of this matter involves the personal property clause.

Plaintiffs testified that prior to entering into this contract, the premises contained a large pink two-door refrigerator-freezer in the kitchen, a Lady Kenmore washer and dryer in the basement, and a floor to ceiling wrought iron room divider in the living room; that the defendants expressly stated that those items were new and were included in the sale; that the…