Kleinberg v. Ratett

The plaintiffs and the defendant entered into a written contract whereby the former agreed to buy and the latter agreed to sell a plot of ground in the village of Mount Kisco, N. Y. The contract called for the delivery of a deed containing covenants, warranting the title to be free from all incumbrances, except the incumbrance of a specified mortgage. On the execution of the contract the plaintiffs made a down payment of 12,000, in compliance with the contract terms. . At the time of closing, the plaintiffs refused to perform on the ground that a natural stream of water, or small brook,…