Allen v. Hyland

This action was commenced on March 18, 1960. Thereafter plaintiff’s motion for summary judgment for $2,610 was granted, but reversed upon appeal to the Appel*633late Division, Fourth Department, Supreme Court, which stated: “ Triable issues of fact are presented as to whether plaintiff sufficiently performed a written contract for the sale of real property to be entitled to payment of the balance of the purchase price and as to whether her performance thereof was excused by waiver or estoppel.” (12 A D 2d 721.)

These issues of performance, waiver and estoppel were tried before this court without a…