Beran v. Katz

Martin, P. J.,

— The plaintiff claims to recover the amount of two payments made by him under a written contract for the purchase of real estate, averring a breach by defendants and a readiness and willingness to perform upon his part. The affidavit of defence avers readiness, willingness and ability to perform by the defendants, a refusal to perform by the plaintiff, and sets up a set-off and counter-claim for loss of rent and loss upon a resale of the premises for a price less than that contracted to be paid by plaintiff.

The agreement provided for the payment of $200 at signing, “which…