Vibroplex Co. v. Jacob May Realty Co.

This action has been instituted by the plaintiff to recover the sum of $2,500, being a deposit made by the plaintiff to bind the contract of purchase of certain property at the corner of DeKalb avenue and Throop avenue, in the borough of Brooklyn, city of New York. It is contended by the plaintiff that the title is unmarketable because of certain encroachments, shown by the survey, and especially because of certain restrictions found of record against the property that was to be conveyed; the defendant taking exactly the opposite position as regards these defects and claiming that the deposit…