Friedbar Realty Corp. v. Sanford

This is an action by the purchaser named in a Contract for the purchase of real estate to recover a deposit on *622the purchase price and attorney’s fees. The vendor counterclaims for specific performance. The plaintiff’s claim to rescind the contract is based on two grounds, first, misrepresentation concerning the amount of rentals received from the property, and second, the inability of the defendant, who is an executor, to give marketable title under a power of sale contained in the will of his testator.

The contract of sale was in writing, and contained an express representation that the gross…