115 Misc. 55 | N.Y. Sup. Ct. | 1921
Action for specific performance of á contract for the sale of real property between plaintiff, purchaser, and the defendant, seller. The contract is dated February 17, 1920. It provides for the closing of title “ on or before June 1, 1920.” A subsequent clause provides that the 1 ‘ purchaser shall give the seller at least 5 days’ notice of the time when he will be ready to make settlement.” Possession was to be delivered “ at the time of settlement subject to the existing lease.” The lease in question contained a clause that if the building should be rendered untenantable by fire, the rent should cease until the building should be put in complete repair and in case of total destruction the rent should be paid to that time and thereupon the lease should terminate. The seller retained possession of the premises. On or about April tenth, the building on the premises was Substantially damaged by fire. On May thirteenth, the defendant’s attorney wrote the plaintiff’s attorney that it was not the intention of the defendant to commence rebuilding until the purchaser “has finally indi
Judgment for plaintiff, without costs.