Whittier Estates, Inc. v. Manhattan Savings Bank

The action is to recover the deposit made by plaintiff as purchaser under a contract of sale of premises No. 423 East 14th Street, Manhattan, New York City, and for the expense of examination of title. Plaintiff refused to accept a deed tendered on the ground that title was rendered unmar*664ketable by encroachment of the front wall upon the street. The facts are not in dispute.

The contract required the purchaser to accept title subject to a state of facts shown on a certain survey made by surveyor Lovell in 1922 “ and to any changes since the date thereof * * * provided such changes do not…