Seawane Greens, Inc. v. Bailey
New York Supreme Court
1Opinion of the CourtSamuel Babin, J.
On July 24, 1957 the parties entered into a contract, pursuant to which the plaintiff agreed to sell and the defendants to purchase certain land to be improved by a one-family dwelling. Claiming that the defendants defaulted in accepting the tendered title at the closing, plaintiff brought an action to declare them in default and that all moneys paid under the contract belong to the plaintiff as liquidated damages. The defendants assert in their answer eight defenses, the last five also by way of counterclaim. These include $10,925 paid to the plaintiff on account of the purchase price, $350…
2Cases cited8 opinions
- Gibert v. . PetelerNew York Court of Appeals · 1868
- Interboro Operating Corp. v. Commonwealth Security & Mortgage Corp.New York Court of Appeals · 1935
- Holden v. . Efficient Craftsman Corp.New York Court of Appeals · 1923
- Occidental Realty Co. v. PalmerAppellate Division of the Supreme Court of the State of New York · 1907
- Bulkley v. Rouken Glen, Inc.Appellate Division of the Supreme Court of the State of New York · 1928
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3Cited by1 opinion
- Anderman v. 1395 E. 52nd Street Realty Corp.New York Supreme Court · 1969