COLON v. HOWELL FUEL & LUMBER CO., INC.


51 A.D.2d 616 (1976)

Victor Colon et al., Respondents, v. Howell Fuel & Lumber Co., Inc., Appellant

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

January 15, 1976


When the litigants on September 26, 1968 contracted for sale of the property here involved, plaintiffs made a down payment of $2,500 and agreed to pay the remainder in monthly installments until May 1, 1973 when the entire unpaid balance would then become due. The plaintiffs failed to pay the balance as required by the contract, but continued payment of the monthly installments which were accepted by the defendant. In March, 1974, having secured a mortgage, the plaintiffs...

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