Spadaro v. Keers

In this action to foreclose a second and purchase-money mortgage, respondent, conceding the amount due on principal and interest of the bond and mortgage as alleged in the complaint, alleged as an affirmative defense and counterclaim that plaintiff, vendor of the property, had breached the warranty contained in the contract of sale that the tenant in possession of the first floor apartment of the mortgaged premises at the time of the conveyance would surrender possession thereof to respondent on or before April 30, 1947, had failed to do so, and had thereby violated the covenants of his full…