Millfield Realty Co. v. Catena

Cardozo, Ch. J.

A house and lot in Brooklyn, belonging to the defendant Eugene P. Catena, was sold to the plaintiff at public auction by Joseph P. Day, Inc., auctioneer. The terms of sale, signed by the owner described the width of the plot as 30.7§ feet in front and 18.1 feet in the rear. A circular distributed at the sale described the building as a four-story and basement-brick apartment having two apartments of two rooms and bath on each floor. The buyer at the time of the sale made payment to the auctioneer of a fee of $30 and also $3,525, ten per cent of the bid.

At the time set for…