Frantz v. Gatto

On a motion for summary judgment, pursuant to rule 113 of ,the Rules of Civil Practice, in an action to recover upon a check alleged to have been delivered by appellants to respondent, pursuant to the terms of a contract for the sale of real property, appellants contended, in effect, that the contract and check were left in the office of a Florida attorney, who was acting for both respondent and appellant Thomas J. Gatto, upon the understanding that the contract would be of no force and effect and that the check would be returned if the contract should not be approved by appellants’ New York…