235 A.D. 708 | N.Y. App. Div. | 1932
Only the first counterclaim remains for decision due to stipulation of the parties as to the second, third, fourth -and fifth counterclaims. We conclude that the first counterclaim is not sufficiently pleaded to charge a liability to plaintiff for failure to exercise an option to purchase the property on which defendant had made improvements relying thereon. No fraud, misrepresentation, overreaching or other tortious act or violation of contractual duty is charged in the counterclaim and thus no fault of plaintiff is alleged to have caused the loss.