Hodes v. Dunsky

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] By assignment, the plaintiff stands as the purchaser in a contract for the sale of real estate. When the vendors, the defendants, failed to convey the land to her, she sued in the County Court for the return of $1,750 paid on account of the purchase price. The defendants moved for a summary judgment on the ground that the plaintiff had not tendered performance on her part; that she had breached the contract, and that "there is no issue of fact requiring a trial…