Moskow v. Burke

This is an action to recover damages for the alleged breach of a written contract, in which the defendant agreed to convey to the plaintiff certain real estate. The defendant’s answer as amended pleads a general denial, and alleges that on March 12,1921, the day on which the premises were to be conveyed, his title to the premises was defective, and that he had no title thereto then or at any time during the existence of the agreement. The statute of frauds has not been pleaded.

The agreement is dated February 12, 1921; the only pertinent parts thereof being paragraphs two, three and seven, as…