Rosenberg v. Ritter

Plaintiff contracted to purchase real-property from defendants, to be conveyed in fee simple, free of all incumbrances except for an existing mortgage. Plaintiff paid $5,000 on the signing of the contract. Thereafter plaintiff discovered numerous incumbrances upon the title of the premises and demanded of defendants that the same be cleared of record prior to the conveyance. Upon defendants’ failure to do so, this action was instituted.

Plaintiff’s complaint alleges that “ plaintiff has elected and does now elect to rescind the said contract and to declare breach thereof and does now seek to…