Brakarsh v. Brown

Motion to dismiss complaint, pursuant to rule 106 of the Rules of Civil Practice, upon the ground of legal insufficiency.

This is an action by a purchaser of real estate against the seller for the specific performance of the written contract of sale entered into between them.

It appears upon the face of the complaint that on the 15th day of January, 1936, the contract was entered into; the closing date was fixed for March 2,1936; on that day the parties agreed in writing to adjourn the closing to the 23d day of March, 1936; on the 23d day of March, 1936, and at divers times thereafter, further…