Gager v. Pittsford Development Corp.

This is a motion to dismiss the complaint as against the defendants Gargano and Cook upon the ground that the same is insufficient as a matter of law. In his complaint plaintiff alleges that in September of 1956, he and the defendant Pittsford Development Corporation, hereinafter *874referred to as “ Pittsford ”, entered into a contract whereby the latter agreed to sell to plaintiff a specified lot and erect a house thereon for a fixed price. The contract provided that plaintiff might cancel it within a stated time if he failed to sell his own home within such time. Plaintiff gave his check in…