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Mistroff v. Scar-White Homes, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 16, 1953
281 App. Div. 844 (N.Y. App. Div. 1953)

Opinion

February 16, 1953.

Present — Nolan, P.J., Carswell, Wenzel, MacCrate and Beldock, JJ.


In an action by purchasers to recover the down payment paid on the execution of a contract for the purchase of real property, and to impress a lien on the property, plaintiffs appeal from a judgment dismissing the complaint after trial and from an order denying their motion to resettle the findings of fact and conclusions of law. Judgment and order unanimously affirmed, with costs. The purchasers having defaulted on the closing date, they may not recover the down payment either in an action in equity or at law, whether or not the seller suffered any damage. ( Lawrence v. Miller, 86 N.Y. 131.)


Summaries of

Mistroff v. Scar-White Homes, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 16, 1953
281 App. Div. 844 (N.Y. App. Div. 1953)
Case details for

Mistroff v. Scar-White Homes, Inc.

Case Details

Full title:WILLIAM MISTROFF et al., Appellants, v. SCAR-WHITE HOMES, INC., Respondent

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 16, 1953

Citations

281 App. Div. 844 (N.Y. App. Div. 1953)

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