Thomas v. Loomis

This is a submission of a controversy upon an agreed statement of facts pursuant to section 546 of the Civil Practice Act. Plaintiff and defendant entered into a written agreement by the terms of which the plaintiff agreed to convey to the defendant four lots located in the city of Utica, New .York. The defendant agreed to pay the purchase price upon the delivery of a warranty deed and an abstract of title showing the said lots to be free and clear of all liens and encumbrances and of good marketable title. The defendant has refused to accept the deeds and to pay the purchase price upon the…