Methodist Episcopal Church Home v. Thompson

The plaintiff brings this action to recover the amount paid to the defendant on account of a contract for the purchase of certain real estate. The payment was made as a percentage upon the contract price for the purchase of the land, the balance of which was to be paid as provided for in the contract. The action was brought on the ground that the defendant could not give a good marketable title to the land in question.

The property consists of several lots on what is now Fourth avenue, between Eighty-eighth and eighty-ninth streets, in the city of New York. The plaintiff in its complaint…