Manhattan Savings Bank v. Annunziato

Defendant agreed to purchase property at 2052 First Avenue, Borough of Manhattan, City of New York, from the plaintiff for $500 on signing the contract and $4,000 on delivery of the deed. "At the appointed closing plaintiff tendered the deed and defendant was ready, willing and able to pay the balance of the purchase price provided the plaintiff’s title was marketable.

The tender was refused by reason of the following facts: Plaintiff’s title is derived from a referee’s deed given pursuant to a judgment of foreclosure entered May 25, 1943. In that action the plaintiff sued Joseph Caggiano and…