Mall v. Sloan

Judgments affirmed, with costs, on the authority of Born v. Schrenkeisen (110 N. Y. 55); Rollton Syndicate, Inc., v. Widlitz (219 App. Div. 537); Motris v. Green (62 id. 460); Hard v. Seeley (47 Barb. 428), and Western Union Telegraph Co. v. Brown (253 U. S. 101). All concur, except Crosby, J., who dissents and votes for reversal and for dismissal of the complaint in the following memorandum: No fault is found with the rule that “ when a written instrument provides that it shall become void in case of default by one party to perform some covenant therein contained, it becomes void only upon…