Forsyth Leasing Co. v. Sacks

Plaintiff, the assignee of a contract for the purchase of real, estate, sues to impress a lien for the down payment made by its assignor, the vendee, on the signing of the contract. The defendant Kitty Sacks was the vendor. The contract was made August 4, 1925. On the closing day it was claimed by the plaintiff that the vendor was unable to convey because of the presence in the premises of tenants, the existence of certain mortgages as to which it was claimed there was no certificate tendered certifying the amount unpaid thereon, and because of the presence of certain objectionable clauses in…