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Frooks v. Clurman

263 A.D. 992 Court N.Y. App. Div. Decision date 1942-03-02 Docket Appeal No. 1 English

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p. 992
S. Leighton Frooks, Respondent, v. Will N. Clurman, Appellant.
(Appeal No. 1.)

Action to recover a down payment made on a contract to purchase real property. Judgment in favor of plaintiff on the merits unanimously affirmed, with costs. The agreement between the parties is a contract to convey real property and not an assignment of an existing contract. There is ample proof in the record to sustain the findings of the trial court. Present — Hagarty, Johnston, Adel, Taylor and Close, JJ.