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Contracts Keyed to Calamari
Cohen v. Kranz
Facts
On September 22, 1959, the Plaintiff, Cohen (the "Plaintiff"), contracted to purchase the Defendants', Kranz and others (the "Defendants"), home. The Plaintiff agreed to pay $40,000. Upon signing the contract, the Plaintiff paid $4000. The rest of the money was due at the closing, which was scheduled for November 15, 1959. The closing was delayed by the Plaintiff until December 15, 1959. In the meantime, on November 30, 1959, the Plaintiff's attorney sent the Defendant's attorney a letter demanding a refund of the $4,000 because title was found to be unmarketable. The Defendant's attorney refused to return the money, and this proceeding was commenced by the Plaintiff for return of the $4,000 plus monies for the title search. The Plaintiff was victorious before the trial court because the Defendant never obtained a certificate of occupancy for a swimming pool and a fence on the property stretched over the property line. The trial court found that both of these things affected the marketability of the Plaintiff's title. The Appellate Division reversed and found the contents of the Plaintiff's November 30, 1959 letter insufficient because it did not claim specific instances of illegality.
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