Karl v. Salkins

This is an action to recover the down payment upon a contract for the purchase of a hotel. The complaint alleges that the contract was conditioned upon the issuance to the plaintiff of a hotel liquor license, that the State Liquor Authority disapproved the plaintiff’s application, and that the plaintiff is therefore entitled to repayment of his deposit. The answer pleads that the plaintiff’s application was disapproved because he deliberately gave false testimony to the effect that he did not intend to conduct a bona fide hotel, for the purpose of avoiding his obligation under the agreement.…