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SALVIN v. WEIDEMANN

276 A.D. 454 (1950)

Florence Salvin, Respondent, v. William O. P. Weidemann et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

March 14, 1950.

Attorney(s) appearing for the Case

Abraham S. Rudnick of counsel (Modie Harris, attorney), for respondent.

Leo A. Conway for appellants.

GLENNON and SHIENTAG, JJ., concur; PECK, P. J., and VAN VOORHIS, J., dissent and vote to reverse and reinstate judgment of City Court.

CALLAHAN, J.

This is an action by the vendee to recover a down payment under a contract for the sale of real property.

The plaintiff contracted with the defendants for the purchase of certain premises known as 228 Beach 120th Street, Rockaway Beach, New York. The contract provided, inter alia, that "The seller shall give and the purchaser shall accept a title such as a Title Guarantee Company will...

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