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MINTZ v. RAE

13 A.D.2d 547 (1961)

Louis Mintz, Appellant, v. Joseph Rae et al., Respondents

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

March 27, 1961

The contract provides that if defendants are unable to deliver marketable title they may return all moneys paid by plaintiff on account and that the contract would thus be discharged or terminated. It appears clearly that defendants were unable to deliver marketable title on the law day. They gave notice to plaintiff accordingly and purportedly returned the moneys paid by plaintiff on account. Upon the argument of the appeal in this...

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