(DOWNLOAD) "Maxton Builders v. Richard Lo Galbo Et Al." by Court of Appeals of New York * Book PDF Kindle ePub Free
eBook details
- Title: Maxton Builders v. Richard Lo Galbo Et Al.
- Author : Court of Appeals of New York
- Release Date : January 18, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
[68 N.Y.2d 373 Page 375] Opinion OF THE COURT The plaintiff contracted to sell a house to the defendants and accepted a check for the down payment. When the defendants canceled the contract and stopped payment on the check, the plaintiff sued for a breach claiming a right to the down payment -- a right traditionally allowed in this State under the rule set forth in Lawrence v Miller (86 NY 131). The trial court denied plaintiff's motion for summary judgment holding that a fact question was presented as to whether recovery of the down payment would constitute a penalty under the circumstances. The Appellate Division modified and granted summary judgment to the plaintiff for the amount of the down payment.
 "Maxton Builders v. Richard Lo Galbo Et Al." by Court of Appeals of New York * Book PDF Kindle ePub Free){kind=link}