Lencrif Realty Corp. v. Cappelen

Headnote

Vendor and purchaser — real property — contract — specific performance — encroachments — action to compel specific performance of contract to purchase real property — defense that building encroached on highway.

Lencrif Realty Corp. v. Cappelen, 220 App. Div. 828 , affirmed.

Appeal, by‘permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 27, 1927, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The action was to compel specific performance of a contract to purchase real property. The defense was that the building encroached upon the highway and that plaintiff was unable to convey to the defendant a title free from incumbrances as required by the contract.