Home Insurance v. Jones

45 How. Pr. 498 | N.Y. Sup. Ct. | 1873

Fanoher, J.

Forasmuch as none of the parties to the action elected to proceed against the purchaser for not completing his first purchase, and the referee, without any further order from the court, made a resale, I think the purchaser is only bound to complete the second purchase, and, in doing so, is entitled to credit for all moneys he has paid.