Goldstein v. Hirsh

Action at law to recover money paid under a contract for the sale and purchase of real estate.

The only question that need be considered here is whether or not the present defendant, at the timé of closing, was able to deliver a title which did not violate the clause of the contract which provides that the title was to be “ subject to restrictions contained in former deeds and those imposed by the Zoning Ordinance, all of which do not prevent the maintenance of a garage on said premises.” I shall find that, in all other respects, said defendant was ready to perform in accordance with the terms…