Kessler v. Rae

In an action by a vendee’s assignees to recover damages for breach of a contract to sell real property, defendant appeals from a judgment of the Supreme Court, Kings County, entered June 7,1971, in favor of plaintiffs, after a nonjury trial. Judg*709ment reversed, on the law and the facts, and new trial granted, with costs to abide the event. In our opinion, reversible error was committed by barring the defendant vendor from testifying about precontract communications between him and the corporate vendee’s president or attorney concerning the state of defendant’s title. If a vendee knows of the…