Colon v. Howell Fuel & Lumber Co.

Appeal from an order of the County Court, Ulster County, entered March 19, 1975, which granted plaintiffs’ motion for summary judgment directing defendant to specifically perform a contract for the sale of real property. When the litigants on September 26, 1968 contracted for sale of the property here involved, plaintiffs made a down payment of $2,500 and agreed to pay the remainder in monthly installments until May 1, 1973 when the entire unpaid balance would then become due. The plaintiffs failed to pay the balance as required by the contract, but continued payment of the monthly…