Oppenheim v. McGovern (115 A.D. 135, 1906)

Clarke, J.:

This is an appeal from a judgment for the plaintiff entered upon a decision of a .court at Trial Term, a jury having been waived.

The action was brought to recover back the suto of $1,500 paid by the plaintiff to the defendant upon a contract for the purchase and sale of real estate, ' " '

The sum sued for was the amount paid on the signing and deliv-^ ery of the contract, which provided for the sale by the defendant to the plaintiff of. a certain lot in the borough of The Bronx. The contract provided, among other things/as follows: {