WILLMOTT v. GIARRAPUTO


5 N.Y.2d 250 (1959)

Walter K. Willmott et al., Appellants, v. Rosa Giarraputo, Respondent.

Court of Appeals of the State of New York.

Decided March 5, 1959.


Attorney(s) appearing for the Case

John Clark Toaz and Prentice W. Brower for appellants.

Francis X. Giaccone for respondent.

Chief Judge CONWAY and Judges DESMOND, DYE, FROESSEL, VAN VOORHIS and BURKE concur.


FULD, J.

In October of 1954 defendant Rosa Giarraputo gave the plaintiffs, Mr. and Mrs. Willmott, an option for a period of six months to purchase a piece of property which she owned. The option agreement, although containing various terms of sale, including the description of the property, the price to be paid and the amount of the purchase-money mortgage, provided, with respect to that mortgage, that "the payment...

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