T. S. E. Building Corp. v. Andreiev

Plaintiff contractually agreed to build a house for defendants. When the dwelling was ostensibly finished defendants were advised of a closing date. They refused to take title, stating that construction was defective and therefore plaintiff in breach of the contract. At any rate, no transfer of title was ever made, although plaintiff made tender of its deed.

A motion has been made by the defendants to dismiss the complaint for failure to state a cause of action. Defendants claim that the action brought by plaintiff for specific performance of the contract of sale is obviated by paragraph “ 15…