Burdick v. Hall

Petitioners, respondents, made a contract in writing with the State of New York, through the Department of *388Public Works, to sell the State some real property. The matter progressed to the extent that the title was passed by the State Department of Law, a certificate was delivered that all taxes and assessments against the property were paid, a suitable abstract of title was accepted and a deed to the property was delivered and recorded. Thereupon, a check for $29,000, the agreed consideration, was delivered into the possession of the District Engineer of the Department of Public Works located…