Cosmos Holding Corp. v. Casco Traders, Inc.
Appellate Division of the Supreme Court of the State of New York
1DissentSmith, J.
This action is for specific performance of a contract,
and in case specific performance is not possible the plaintiff asks for a return of the moneys advanced, together with certain expenses which the plaintiff’s assignor *862has incurred, in connection therewith. The contract provided for a conveyance of certain lands described by metes and bounds. At the date for closing the plaintiff came to the place assigned and tendered the money and demanded performance on the part of the defendant. The defendant offered to give a deed in accordance with the contract but this was rejected by the vendee, the…
2Cases cited1 opinion
- Bresel v. BrowningAppellate Division of the Supreme Court of the State of New York · 1905