Cohn v. Smarr

Manning, J.:

The action was brought to recover the sum of $1,000, paid by the plaintiff to the defendant (as a binder) upon the purchase price of certain real estate situate at Far Rockaway, L. I., on August 4, 1925. At the time the payment was made the plaintiff received from the defendant the following receipt, Exhibit A, attached to the complaint:

“ Far Rockaway, N. Y., Aug. 4, 1925.

“ Received from Esther Cohn One Thousand ($1,000.00) Dollars as binder for purchaser of property on 41 Greenwood Ave., 75x165 irregular.

“ Terms as follows:

“ Total cost $38,000.00. Subject to 1st mortgage of…