Keating v. Coleman

Rich, J.:

A contract was entered into on April 1, 1924, by the parties to the controversy whereby plaintiffs agreed to purchase from the defendant the premises known as No. 1736 East Fifty-first street, Brooklyn. When the deed was tendered on the closing date, title was rejected as unmarketable because:

In 1916, in an action for the foreclosure of a mortgage, through *669which defendant derived his title, covering the premises in question, then owned by defendant’s predecessor in title, the W. W. Robertson Realty Company, Inc., the defendant corporation in that action, a domestic corporation having…