Isaacs v. Schmuck

The action is brought to recover the amount paid by plaintiff upon a contract for the purchase of certain real estate at Lawrence, Nassau county, N. Y. The' complaint alleges in substance that the parties entered into a contract for the purchase and sale of the property and plaintiff paid $20,000 upon signing the contract. The title was to be closed on December 17, 1925. At that time defendant tendered a deed which was rejected by plaintiff on the ground that the title was unmarketable. The contract provided that the premises were sold subject, among other things, to “ building restrictions…