Weinberg v. Sanders

Finch, J.:

The action was brought to recover the amount paid on account of the purchase price of certain premises. The plaintiff rejected title and refused to complete the purchase upon the ground that the title was unmarketable because of the following facts: One Gouverneur Morris was the owner of a tract of land, which he cut up into lots and sold to various purchasers, inserting in each deed a condition against the manufacture or sale of intoxicating beverages on the premises. In the event of the breach of this condition, the estate of the grantee, his heirs or assigns, would *410cease and the…