Patterson v. Johnson

Rich, J.:

This is the submission of a controversy upon agreed facts under the provisions of sections 1279-1281, inclusive, of the Code of Civil Procedure, and presents the question whether or not the defendant is able to perform his contract with the plaintiff to convey to the latter real property in the city of Yonkers, free and clear of all incumbrances, with the exception of a specified mortgage, which is a lien thereon.

*163The plaintiff demands judgment for specific performance of the contract, or if, as he contends, that is impossible, for the money paid by him when the contract was executed,…