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Lewis v. Bergmann

110 N.Y.S. 1047 Court N.Y. App. Term Decision date 1908-06-05 English

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p. 1047
LEWIS v. BERGMANN.
(Supreme Court, Appellate Term.
June 5, 1908.)

Headnote

Vendob and Pubohaseb—Remedies of Pubohaseb—Recovebt of Earnest Monet.
A plaintiff is entitled to recover a cash payment made on signing a contract for the purchase of real estate, where defendant has not offered to complete the contract.
[Ed. Note.—For cases in point, see Cent. Dig. vol. 48, Vendor and Purchaser, § 973.]
Appeal from Municipal Court, Borough of Manhattan, Second District.
Action by May Lewis against Samuel Bergmann. From a judgment for'plaintiff, defendant appeals.
Affirmed.
Argued before GILDERSLEEVE, P. J., and DAYTON and GERARD, JJ.
Henry Hetlcin, for appellant.
Aaron J. Levy, for respondent.

Action to recover $200 paid by plaintiff on signing a contract for purchase of real estate. Defendant at no time offered to complete. Judgment was most properly given for plaintiff. The defendant appellant abuses the patience of the court by contesting the demand.

Judgment affirmed, with costs.