Dealy v. Klapp

H. T. Kellogg, Acting P. J.:

The plaintiff entered into a contract to sell certain real estate to the defendant. The defendant refused to pay the price and receive a conveyance. In the contract there was a provision for liquidated damages in case default was made by either party. The plaintiff brought this action for specific performance, setting forth in her complaint the terms of the contract and alleging performance thereof upon her part and non-performance on the part of the defendant. The defendant in his answer alleged that the remedy of an action at law for the recovery of liquidated…