Haiss v. Schmukler

On July 17, 1920, plaintiff and defendant entered into a written agreement by which defendant was to convey to plaintiff for $7,500 a dwelling at No. 1961 Cedar avenue, in the Bronx; $1,000 was paid upon the signing of the contract. There was nothing whatever in the contract which required plaintiff to take title subject to any tenancy or occupancy. There is a printed *575clause in the contract reading, “ rents and interest on mortgages, if any, are to be apportioned,” and to which the words “ and insurance ” have been interpolated in typewriting after the word “ mortgages.” Defendant contends…