Tiffany Realty Co. v. Estey Construction Corp.

The decision at Special Term has adjudged plaintiff to be entitled to a vendee’s lien on premises belonging to the defendant. By the contract between the parties, dated June 22, 1926, for the exchange of certain real properties, the defendant was to take title to plaintiff’s property subject to a first and a second mortgage. The latter contained a subordination clause and the issue presented is whether there was so material a variance between the terms of this clause as described in the contract, and as contained in the instrument itself, as to warrant defendant in refusing title.

The first…