2409 Broadway Corp. v. Lange

Plaintiff brought this action for specific performance, or, in the alternative, for the declaration of a hen in his favor for the sum of $5,000, part payment on a contract to purchase real estate from the defendants. On the closing date plaintiff’s attorney refused to accept defendants’ tendered deed on two grounds now in controversy. Although a third ground was mentioned, it has since been abandoned, and the second while not specifically stated at the time of the closing is nevertheless now presented. Defendants’ attorney tendered a deed which had been acknowledged by the vendors some months…