Goodman v. Subotnick

This cause, having come on for trial, was submitted on an agreed statement of facts. The action was brought by the vendee in a contract for the purchase and sale of a parcel of real property, with a building containing three apartments erected thereon, to recover from the vendor the amount of the deposit made under the contract, amounting to $1,200 and $150, the expenses incurred for the examination of title, it being claimed by the plaintiff that the title tendered was unmarketable.

The contract was dated January 24, 1920, and title was to close on April 2, 1920. It was provided that the sale…