J. O. CONSTR. & DEV. CORP. v. CUENDET


279 A.D. 203 (1951)

J. O. Construction & Development Corporation, Appellant, v. Philip Cuendet, as Administrator C. T. A. of Emil L. Cuendet, Deceased, Respondent

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

December 18, 1951.


Attorney(s) appearing for the Case

Abraham J. Yasgour for appellant.

Leo A. Greenbaum of counsel (Geiger & Geiger, attorneys), for respondent.

GLENNON, J. P., COHN, CALLAHAN and SHIENTAG, JJ., concur in Per Curiam opinion; DORE, J., dissents and votes to affirm.


Per Curiam.

The parties entered into a contract whereby defendant agreed to sell and convey to plaintiff certain real property subject to a first mortgage "the principal being due and payable August 1, 1952."

The contract also provided that the premises were sold subject to survey facts, "provided same does not render title unmarketable." All sums paid on account of the contract were to be returned if the seller...

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