BUTEAU v. BIGGAR


65 A.D.2d 652 (1978)

David R. Buteau, Respondent, v. Josephine C. Biggar, Appellant

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

October 19, 1978


This is an action for specific performance of two contracts to sell real property wherein plaintiff is the purchaser and defendant the seller. Defendant asserted an affirmative defense of fraud and a counterclaim for rescission of both contracts. After a nonjury trial the court found no fraud or deceit at the time of either transfer and granted judgment in favor of plaintiff. This appeal ensued. Defendant, a widow, was the owner and lived on a farm of 162 acres with her several...

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