Lucisano v. Paratore

The plaintiff, vendee in a contract to purchase a one-family brick house, has brought this action against defendant vendor to recover damages of $3,000 for breach of the agreement. The question is whether this contract, which calls for a “ brick house ” at a price of $15,000, was fully performed by the conveyance of a “ brick veneer ” house. My limited research has disclosed no decision involving this question.

This house, located in a residential section of the city of Syracuse, is of wood-frame construction, with an exterior brick wall four inches thick, laid over sidewalls of wood and…