Valley Associates Corp. v. Rogers

This action by a vendee for specific performance was tried before the undersigned without a jury. It was established that the defendant, Jerome Rogers, and the plaintiff, a corporation, did, on December 4, 1953, enter into a contract in writing by which the defendant agreed to sell and the plaintiff agreed to purchase certain improved real property situate in the village of Elmsford for the sum of $40,000. The contract was received in evidence and the making .and terms thereof are not disputed. It appears, however, that, at the time of making of the contract the defendant owned but an…