Egert v. Amsterdam Development & Sales Co.

Plaintiffs, as executors of Hans Charles Heim, deceased, sue to recover the sum of $983, paid by said decedent to defendant on account of the purchase price of real property.

The defendant moves to dismiss the complaint upon the ground that it fails to state a cause of action. Affidavits may not be used on such motions, and hence defendant’s affidavit has not been considered.

The complaint shows that in September, 1931, the decedent entered into a written contract for the purchase of vacant lots, located at Sparkill, Rockland county, N. Y., for the sum of $3,000, payable $500 on the signing of…