Welter v. Ales

In an action for specific performance plaintiffs move for summary judgment.

On April 7, 1959, by a contract in writing plaintiffs agreed to purchase and defendants agreed to sell a parcel of real property located in Jackson Heights, New York. Defendants operated the property as a rooming house from which they derived their livelihood. In the answer to this action defendants have alleged, as an affirmative defense, that the contract was conditioned upon defendants obtaining other accommodations which would produce a suitable income for them. The written contract contains no such provision.…