Supreme Housing Corp. v. Schreiber

Judgment unanimously reversed on the law, with thirty dollars costs to the appellant, and complaint dismissed, with appropriate costs in the court below, without prejudice to an action for damages.

The plaintiff waited until it had disposed of the property before this suit was commenced on the check. The check was but a substitute for a cash payment provided in the contract. . (Divine v. Divine, 58 Barb. 264.) By waiting until the full purchase price was due under the terms of the contract, before plaintiff could recover the whole purchase price, or any installment thereof, plaintiff had to be…