Jessar Realty Corp. v. Louis Friedman Realty Co.

Judgment reversed upon the law and the facts, with costs, and judgment directed in favor of plaintiff for the relief demanded in the complaint, with costs, including the impressment of a lien for the amount specified. Where doubt exists as to the true construction of a contract, equity should favor that construction which obviates a harsh result or avoids a forfeiture. It is apparent that neither party to the contract realized when it was made that April 15, 1928, was a Sunday and that for that reason the acts required of the plaintiff could not be performed on that day. Section 25 of the…