KELLOGG v. PASQUALE


42 A.D.2d 667 (1973)

Richard E. Kellogg et al., Respondents, v. Carmen A. De Pasquale, Appellant

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

June 28, 1973


On or about May 12, 1965 the defendant and his then wife contracted to sell certain real property located in Altamont, New York, to plaintiffs for the sum of $8,500, pursuant to the terms of a written contract which, among other things, included the following language in relation to a parcel excepted from the proposed sale: "It is also agreed by and between the parties that should the Sellers herein fail to build a home on the property excepted herein, the Purchasers shall...

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