Horowitz v. Bergen Associates, Inc.

Plaintiffs, the vendees in a contract with defendant vendor for the purchase of certain lots in a real estate subdivision, sue to recover back the moneys paid by them under the contract and for the establishment of a vendees’ lien upon the lots in question. They also seek a reformation of the contract in certain respects, which the defendant does not oppose.

The issue involves questions both of fact and of law, and under both, in my opinion, plaintiffs are entitled to prevail.

The factual question involved is one of the performance by defendant of certain of its covenants for the improvement…