Arroyo v. Patayne Estates, Inc.

Judgment in favor of plaintiffs unanimously reversed, on the law and on the facts, and the complaint dismissed, with $50 costs to defendant-appellant. Plaintiffs contracted to purchase a dwelling house from defendant and seek in this action to recover their down payment on the purchase price. The contract gave plaintiffs an option of cancellation, set forth the method of its exercise (namely, by notice sent to defendant's attorneys “ by certified mail, return receipt requested, postmarked not later than August 31, 1963"), and required the return of the down payment “In the event this contract…