Jawitz v. Reitman

Judgment unanimously reversed on the law and new trial granted, with thirty dollars costs to the appellant to abide the event. It was error to direct a verdict. On the evidence, there were questions of fact for the jury whether the defendant was not entitled to hold possession for the unpaid purchase price. The defendant denied that the plaintiff had tendered the certified check and likewise denied that any credit was to be allowed for the sale of the property claimed to be owned by the plaintiff. Until the purchase price was paid or tender thereof made, the defendant had a lien. (Pers. Prop.…