PATTERSON v. MARCHESE


12 Misc.2d 189 (1958)

William Patterson, Plaintiff, v. Alfonse Marchese, Defendant.

Supreme Court, Trial Term, Westchester County.

April 7, 1958.


Attorney(s) appearing for the Case

Alexander S. Sardo for plaintiff.

Angelo C. Ninivaggio for defendant.


GEORGE M. FANELLI, J.

This is an action, tried before the court without a jury, for the return of a deposit paid upon the signing of a written contract to purchase certain real property located in North Pelham, New York. Both sides have agreed to waive findings of fact and conclusions of law.

Most of the facts appear undisputed: On December 13, 1955, the parties entered into a written contract wherein plaintiff purchaser agreed to purchase a one...

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