New York Supreme Court November 15, 1902 (Leinhardt v. Kalchheim)

MacLean, J.

In his action to recover downpayment and expenses, upon a contract for the purchase of real property of the defendant, the plaintiff claimed the right to reject, as he did on the day fixed for the closing of title, the deed therefor tendered by the defendant, on the ground that the property was incumbered and burdened, and discovered so to be only by search.