Wates v. Crandall

In an action by the vendee under an executory contract for the sale of real property to recover his deposit and cost of title examination and to impress a lien therefor, the vendors appeal from a judgment directing them to pay to the vendee the amount demanded and decreeing foreclosure and sale of the property if said payment be not made within a specified time. Judgment unanimously affirmed, with costs. The title tendered by the vendors at the closing was unmarketable. (Hall-Mark Realty Corp. v. McGunnigle, 253 N. Y. 395 ; Norwegian Evangelical Free Church v. Milhauser, 252 N. Y. 186 .) Present — Wenzel, Acting P. J., Beldoek, Ughetta, Hallinan and Kleinfeld, JJ.