Fahey v. Ottenheimer

Plaintiff, assignee of a vendee, sues to recover a down payment of $10,000 made by her to defendant Ottenheimer under a contract for the purchase of real property.

The complaint alleges the making of a contract between defendant Ottenheimer and Louis Marks, whereby the former agreed to sell to Marks the premises in question for $55,000, of which $10,000 was paid by Marks on the signing of the contract, a second $10,000 was to be paid on the closing of title, and the balance by the purchaser executing and delivering a purchase-money mortgage for $35,000. Marks assigned all his interest under…