Bloom v. Sutton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Sol Bloom, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of May, 1917, denying plaintiff’s motion to sustain his demurrers to the first and second counterclaims in the amended answer of the defendant Florence M. Sutton, and granting the motion of said defendant to overrule the said demurrers.
1Opinion of the Court
Page, J.:
The action is to recover the sum of $5,000, paid as a part of the purchase price, on the signing of a contract for the sale of real estate and also for the expense in searching the title, the defendant Sutton having failed to perform because of an unmarketable title.
The amended answer of the defendant denies the essential allegations of the complaint, and for a first counterclaim alleges a modification of the original agreement, her readiness and ability to perform according to its terms and that she tendered a deed in conformity therewith, and plaintiff’s default. Damages of $2,500…
2Cases cited1 opinion
- Uvalde Asphalt Paving Co. v. Morgan Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1907