Schlesinger v. Klinger

Patterson, J.:

By the agreed statement of facts upon which the controversy between the parties to this record was submitted, it appears that the plaintiff contracted to sell and the defendant to buy a parcel of real estate situate in the borough of' Manhattan, in the. city of Kew. York, and at the time named in the agreement for the completion of the transaction, the plaintiff tendered a deed executed by himself alone, and a release of dower made to him by his wife. The defendant refused to take title, claiming that, notwithstanding the release, the premises were still incumbered by an…