Goldfarb v. Wright

The complaint herein upon defendant’s motion was dismissed for insufficiency under rule 106 of the Rules of Civil Practice. The basis of the court’s decision at Special Term, according to defendant’s brief, was

“ 1. That the plaintiffs, prior to the institution of such action failed to restore to the defendant the sum of $4,500 paid by him to them as the consideration for the agreement and general release sought to be rescinded.

“ 2. That the plaintiffs, prior to the institution of this action or in the complaint, failed to tender to the defendant the said sum of $4,500 received by them from…