Bernstein v. Shain

This is an action to recover $500, a deposit made by the plaintiff with the defendant, under a written contract for the purchase of real estate, the record title to which was in the name of Ruth Epstein, a "straw” for the defendant.

The contract stipulated that time was of the essence of the contract, that the premises were to be conveyed on or before June 21,1926, by a good and sufficient quitclaim deed of the defendant’s nominee, "conveying a good and clear actual and record title . . . free from all incumbrances, excepting a ground rental,” and “subject to a mortgage now held by the Federal…