Bernstein v. Kohn

*224The opinion of the court was delivered by

Iyamsch, J.

The plaintiff sued the defendants to recover the sum of $2,000 paid by her to them as deposits on the purchase of real estate of the defendants, with interest, and the expenses incurred by her in having the title of the premises searched and a survey made thereof, because of the defendants’ default arising out of their inability to convey a good title.

By articles of agreement made and entered into by and between the parties to this controversy, on December 26th, 1919, the defendants, party of the first part, for the sum of $20,-500, agreed…