Horowitz v. Gallivan

Headnote

Vendor and purchaser — contract — specific performance — tender — ■ action to compel specific performance of contract to sell real property — failure to lender payment at place named in contract.

Horowitz v. Gallivan, 222 App. Div. 690 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department,

entered December 1, 1927, affirming a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The action was to compel specific performance of a contract to sell real property. The trial court found that the contract was made in the State of Connecticut and required payment of the purchase money at defendant’s residence in that State and that plaintiff had never made or tendered such payment.