Tenner v. Retlaw Development Corp.

Pee Ctjbiam.

Orders unanimously reversed upon the law, with ten dollars costs and taxable disbursements, and defendant’s motion for summary judgment denied and plaintiffs’ motion for the same relief granted.

The defendant by the contract not only agreed to convey such a title as the designated title company would insure but also agreed to deliver at its own expense a policy of title insurance issued by that company. It now appears that the company has been dissolved through action on the part of the State authorities and defendant cannot perform. This agreement on the part of the defendant was…