Capizzi v. Khoury

Judgment unanimously reversed upon the law and the facts, with thirty dollars costs to plaintiff, and judgment directed for plaintiff for $339.20, with interest thereon from July 7, 1934, together with taxable costs.

The action was brought by the plaintiff, the purchaser, under a contract for the purchase and sale of vacant land, to recover his down payment and expenses by reason of the unmarketability of defendant’s title.

Defendant and her husband originally had owned the land as tenants by the entirety. By a deed dated October 14, 1927, and recorded June 13, 1928, the husband had conveyed…