Fleischer v. Lockwood Lumber Co.

In an action by the vendor for specific performance of a contract for the sale and purchase of real property, the defendant Mollie Eisenstadt counterclaimed for the return of the down payment. The defendants had judgment dismissing the complaint on the merits and for recovery by Mollie Eisenstadt of the amount paid on the making of the contract. The plaintiff appeals. Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. For the purpose of a new trial all findings are reversed and conclusions disapproved. The down payment cannot be recovered without…