Greenfield v. Mills

Gaynor, J.:

This is an action to recoverback a deposit of $200 paid by the ' plaintiff to the defendant on a contract for the sale of a city lot by the latter to the former. The contract describes the land as 82 feet 10 inches in depth. It fixes the contract price' at $7,000 and provides that $2,500 thereof is to be paid by' the purchaser assuming a mortgage which is already thereon for that amount, and that $1,500 be paid by giving a bond and. mortgage back for that amount, the balance to be paid in cash. • The plaintiff refused to take title on the'contract day and , demanded his deposit…