Legal Opinion

Candia v. Pescia

Appellate Terms of the Supreme Court of New York

Decided December 23, 1909Published

Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Alfonse Candía against Enrico V. Pescia. From a judgment for plaintiff, rendered in a Municipal Court of the City of New York, defendant appeals.

1Opinion of the CourtGoff, J.

This is an appeal from a judgment in an action against defendant for fraud and deceit. Plaintiff entered into a contract with a corporation known as the “Arrochar Park Realty Company” for the purchase of a building lot. He paid $90 down" and agreed to pay the balance in monthly installments of $10 until the whole sum of $900 should be paid. The company agreed to make conveyance by a full covenant and warranty deed, upon completion of his payments. After plaintiff had paid $300 in all, on account of the purchase price, he learned that his vendor did not own the property, and never had owned…

2Cases cited1 opinion

  1. Dormos v. VassilasAppellate Terms of the Supreme Court of New York · 1907

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