Verstandig v. Schlaffer

Martin, P. J. (dissenting).

This appeal presents a problem as to the"' enforcibility of a contract of an insane person.

As a result of an advertisement in a German language newspaper on March 30, 1943, offering property 316 East 84th Street for sale at $38,000, Wolfgang Sehlaffer entered into negotiations with John X. Duch, a real estate broker, and later with plaintiff. These negotiations ended with Schlaffer’s signing on April 6, 1943, a contract to purchase the property for the sum of $35,000. He was to take title subject to a first mortgage of $21,140, execute a purchase-money mortgage for…