Sachs v. Hirshom

There was absent from the purchase and sale agreement any provision for an extension of time to enable Hirshom, the seller, to cure title defects or calling upon the seller to exert reasonable efforts so to do. All that the agreement provided was that should the seller “be unable ... to make conveyance [of a good and clear title, free from encumbrances] . . . any payments made under this agreement shall be refunded, and all other obligations of either party . . . shall cease.” The seller said, in answers to interrogatories and in an affidavit in opposition to the buyer’s motion for summary…