Frooks v. Clurman , 263 A.D. 992 ( 1942 )

Action to recover a down payment made on a contract to purchase real property. Judgment in favor of plaintiff on the merits unanimously affirmed, with costs. The agreement between the parties is a contract to convey real property and not an assignment of an existing contract. There is ample proof in the record to sustain the findings of the trial court. Present — Hagarty, Johnston, Adel, Taylor and Close, JJ.