Latham v. Hollands

The defendants move to dismiss the complaint for insufficiency in this action for a declaratory judgment which seeks a determination of the rights and liabilities of the parties on a contract made with the plaintiff by the defendants William and Jessie Hollands for sale of certain real property in the city of Hornell, N. Y.

The complaint alleges in substance that after the execution of the contract in February, 1930, the plaintiff entered into possession of the premises and remained in possession until late in August, 1935, and that he paid sixty-three monthly installments of forty dollars…