STANTON v. SPEARMAN


16 A.D.2d 837 (1962)

William M. Stanton, Appellant, v. Francis J. Spearman et al., Respondents, et al., Defendant

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

May 28, 1962


Judgment reversed, on the law, and new trial granted, with costs to plaintiff to abide the event.

In our opinion, a prima facie case was established. Performance of the two contracts of sale which were entered into by the purchaser and the sellers was conditioned, as stated in one of the contracts, upon the failure of a certain third party to exercise an option to purchase part of the property. However, there was evidence...

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