Terminal Realty Corp. v. Doubler

Hagan, J.,

There is before the court defendant’s motion for judgment on the pleadings. The pertinent facts which emerge from the complaint, answer containing new matter and reply are as follows:

On December 28, 1949, plaintiff entered into an agreement of sale with defendant to purchase from defendant a certain tract of land. The purchase price was $23,400, and plaintiff paid $5,000 on account at *214the time the agreement of sale was entered into. Settlement was to take place on February 28, 1950.

Prior to February 28, 1950, defendant offered to return plaintiff’s deposit and to give plaintiff a…