Sorosis Building Corp. v. Prolay Realty Corp.

Plaintiff sought to recover $2,500 paid by it to the defendant as a deposit on a contract for the purchase of real property, plus $500 as alleged expenses for the examination of the title, and plaintiff also prayed that a vendee’s lien therefor be declared in its favor.

The answer admits the payment of $2,500; alleges the tendering of a deed, the rejection by the plaintiff and demands specific performance.

Under the contract the defendant agreed to convey by full covenant and warranty deed the fee simple of the premises free from all incumbrances except as therein expressly provided. There is…