Schreyer v. Arendt

McLaughlin, J.:

This is a submission of a controversy upon agreed facts under section 1279 of the Code of Civil Procedure. Prom the submission it appears that in December, 1902, the plaintiff agreed in writing to convey to the defendant certain real estate in the city of Hew York in consideration of the defendant’s agreeing to convey to him certain other real estate in the same city—the title to both pieces to pass on the thirteenth of January following. Before the arrival of *337the time for the completion of the agreement by delivery of proper deeds, the defendant notified the plaintiff that she…