Buteau v. Biggar

Appeal from a judgment of the Supreme Court in favor of plaintiff, entered April 13, 1977 in Delaware County, upon a decision of the court at a Trial Term, without a jury. This is an action for specific performance of two contracts to sell real property wherein plaintiff is the purchaser and defendant the seller. Defendant asserted an affirmative defense of fraud and a counterclaim for rescission of both contracts. After a nonjury trial the court found no fraud or deceit at the time of either transfer and granted judgment in favor of plaintiff. This appeal ensued. Defendant, a widow, was the…