McElroy v. Floral Park Villa Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Floral Park Villa Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 5th day of April, 1916, dismissing the counterclaim contained in the answer by direction of the court at the close of defendant’s opening.
1Opinion of the Court
Page, J. :
The action was brought to recover moneys paid by the plaintiff to the defendant upon an agreement to purchase certain real estate for the sum of $1,400, payable $140 upon the signing of the contract and $15 in each and every month thereafter until said principal sum with interest at six per cent on all unpaid balances was fully paid. The contract further provided that upon the full payment of the principal sum the premises should be conveyed to the plaintiff by a deed to be delivered by defendant, containing a clause of general warranty and full covenants and also a policy of title…
2Cited by3 opinions
- Hull v. ShannonNew York Supreme Court · 1931
- Halbe v. AdamsAppellate Division of the Supreme Court of the State of New York · 1917
- Attolino v. StowAppellate Division of the Supreme Court of the State of New York · 1955