Reich v. Muss

Motion for summary judgment by severance. The complaint states the first cause of action upon which judgment is demanded in two counts. The first count only concerns us here, which is that plaintiff, as vendee, contracted to purchase realty subject to two first mortgages each “ to run for not less than three years; ” that the mortgages were not in existence at the time of the making of this contract, but were subsequently recorded; that these mortgages do not in terms comply with the contract provision “ to run for not less than three years,” because, although so worded as to be made payable…