For Your Data Laba V. Carey Illustration Brief

Laba v. Carey illustration brief summary
277 N.E.2d 641 (1971)

CASE SYNOPSIS

Appellant seller challenged the determination of the Appellate Division of the Supreme Court inwards the Second Judicial Department (New York), which reversed an gild granting seller's cross motion for summary judgment inwards an activity to recover a downward payment made past times buyers nether a contract for the sale of realty. Appellants too sought to enforce their vendees' lien too to recover their expenses for exam of championship too their counsel fees.

CASE FACTS
The parties entered into a written understanding for the purchase too sale of a bundle of existent property. The buyers made a downward payment that was to move refunded if seller failed to perform. During the championship search, an easement too restrictive covenant were found. At closing, the buyers rejected the deed on the solid soil that the seller was unable to deliver a good, marketable too insurable title. The buyers sought recovery of their downpayment too the appellate partition constitute that inwards their favor.

DISCUSSION

On review, the courtroom reversed too constitute that the seller did everything he was required to produce nether the agreement.
The courtroom determined that the championship fellowship assumed responsibleness for no less than what the buyers had expressly agreed to receive got because it excluded the easement too covenant from coverage.
The courtroom concluded that the buyers had failed to exhibit that the easement or covenant rendered the championship unmarketable.

CONCLUSION
The gild granting seller's cross motion for summary judgment was reversed.

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