242 A.D. 853 | N.Y. App. Div. | 1934
Order denying defendant’s motion to dismiss the complaint for insufficiency in an action for the specific performance of a contract for the sale of land affirmed, with ten dollars costs and disbursements, with leave to defendant to serve its answer within ten days from service of a copy of the order herein. The contract, dated June 21, 1926, was made between the defendant, as owner of the property, and the plaintiff and his wife, as vendees. The plaintiff’s wife died before the delivery of the deed. The complaint demands that plaintiff be adjudged entitled to a conveyance. The court at Special Term denied the motion to dismiss the complaint, holding that, since the vendees were husband and wife, they took as tenants by the