Carlton Properties Inc. v. Bloom

In this consolidated action, plaintiff moves for summary judgment (Buies Civ. Prac., rule 113) striking out defendants’ answer and dismissing the counterclaim interposed by the defendant in the action (hereinafter referred to as action No. 1), and for a further order of summary judgment dismissing the complaint in the action (hereinafter referred to as action No. 2).

These actions arise out of an alleged breach of an executory contract for the sale and purchase of a parcel of vacant land upon which there was to be constructed a gasoline station to be leased to The Texas Company. In action No.…