Schoenberg v. O'Connor

Ackekson, C. C. J.

This matter is submitted to the court for decision without a jury upon an agreed state of facts. The action is brought to recover the sum of $1,000 *413deposit paid, and the sum of $100 search fees incurred by the plaintiff under a contract for the purchase of certain real estate from the defendant. The theory of the action is a recission of the contract upon the ground that the defendant’s title is unmarketable because it is claimed that a strip of land eight feet in width extending along the southerly boundary of the premises in question has been dedicated to the public as a…