Brunner v. Steinhardt

The parties hereto contracted for the purchase and sale of certain real property located in the County of Delaware, State of New York. Title having failed to close, the purchaser brought an action in this court to recover the deposit of $1,000 and served process upon the seller on September 6,1951. On January 23,1952, the seller instituted an action against the purchaser in the Supreme Court, Delaware County, for the specific performance of the contract for the sale of said property. Although issue in the purchaser’s action was joined on September 26, 1951, it was never placed upon the…