Schneider v. Rola Construction Co.

This action is brought to recover money paid on account by the plaintiffs toward the purchase of certain real property, and for judgment enforcing a vendees’ lien in connection therewith as permitted under section 112-h of the Civil Practice Act. The defendant in its answer denies the material allegations of the complaint and counterclaims for specific performance, or, in the alternative, for retention of the deposit as liquidated damages as provided by paragraph 22 of the contract.

A review of the testimony, though often contradictory, reveals the facts to be essentially as follows.

The…