Stirnweis v. Cacioppo

Cardozo, Ch. J.

The plaintiff agreed to sell and the defendant to buy a parcel of land in Queens county running eighty-five feet along the westerly side of Fresh Pond road. At the time fixed for closing, the buyer declined to accept a conveyance upon the ground that between the easterly side of the seller’s lot and the westerly side of Fresh Pond road there was a strip of land, varying in width from about eight to six and a half feet, the property of another. The seller brought this action for specific performance. The defendant counterclaimed for the down payment and the expenses incurred in…