1240 Third Ave., Inc. v. Birns

The main question upon this appeal is whether the contract annexed to the complaint is binding upon the parties and enforcible as matter of law. This action is at law for damages because of defendants’ failure to perform.

Plaintiff claims that defendants agreed to purchase premises owned by plaintiff at the corner of Seventy-third street and Third avenue, Manhattan, under a lengthy written contract prepared upon one of the standard title company forms, setting forth in great detail all the essentials of a real estate purchase contract.

The principal issue litigated at trial was whether…