Altman, Assignee v. Arata

Opinion by

Parker, J.,

This is an action in assumpsit brought by Louis H. Altman as assignee of Wolf Greenblatt, the vendee in a written agreement for the sale of real estate, against Matilda Arata, the vendor, to recover damages on account of the failure of the vendor to convey the real estate in accordance with the terms of the contract. The plaintiff claimed as damages the difference between the contract price and the market value at the time the contract was breached, and a down payment of $100 received by the vendor on execution of the agreement. The case was tried before a judge without a…