Cogan v. Taylor

Martin, J.:

The defendant, the purchaser under a contract relating to realty, has rejected the title on the ground that it is not marketable. Plaintiff seeks specific performance; defendant counterclaims for the down payment of .$1,500, as well as the amount of his expenses for examination of title and counsel fees.

It appears that defendant has been advised by the representatives of a title company that plaintiff’s title is defective, in that it comes down from a referee, appointed to sell in an action to foreclose a mortgage, in which action necessary parties were not joined.

The mortgage was…