Belbird Realty Corp. v. Wolfson

Headnote

Vendor and purchaser — contract — specific performance — action to compel specific performance of an alleged contract to sell real property — when writing mere receipt.

Belbird Realty Corp. v. Wolfson, 221 App. Div. 67 , affirmed.

Appeal from a judgment, entered October 22, 1927, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The action was to compel specific performance of an alleged contract to convey real property which read as follows: “ Received from Belbird Rlty. Corp. check for $100.00 as binder for the purchase of property 835 Columbus Ave. Price $68,000. Subject to 1st mtg. $30,000 at 5|% 5 yrs. Cash $20,000. Balance of $18,000 to be taken back in a purchase money mortgage for 10 yrs. payable $1,000 a year for the 1st 5 yrs. and $1,200 a year for the remaining 5 years with interest at 6% per annum. Contract to be signed Monday Jan. 12/25 at the office of Wm. M. Bennett, 15 William St., balance of $2,900 deposit to be paid on the signing of the contract. In the event of the contract not being signed the $100.00 deposit is to be returned to the purchaser.” The Appellate Division held that the writing constituted a mere receipt and that specific performance should not be granted.