Tompkins v. France

This is a suit for the recovery of damages for an alleged breach of a contract to purchase real estate. When the case was called for trial, plaintiff made a motion for judgment on the pleadings, and the court after a hearing entered judgment for $2000, from which judgment defendants appealed. No question is made with respect to the damages. The sole point made is that this was a summary judgment, entered in violation of the rules of the County Court, and that an issue of fact was made by the pleadings.

The facts are that plaintiff and defendants on April 6, 1955, entered into what is called a…