National Council of Young Israel v. Costa

HENDRY, Judge.

Appellant-plaintiff, National Council of Young Israel, entered into a deposit receipt contract to purchase certain realty from appellee-defendants, the Costas. As a part of such contract, the parties executed an “Option to Purchase Agreement”; its alleged breach is the subject of this appeal.

The point appealed is whether the lower court erred in dismissing plaintiff’s complaints, and in entering final judgment in favor of the defendants upon the basis of the defendants’ motion for judgment on the pleadings. In more specific terms, where plaintiff alleged the existence of a…