Appellate Division of the Supreme Court of the State of New York November 5, 1906 (Breslauer Realty Co. v. Cohen)

Ingraham, J.:

The action is brought to recover the damages sustained by the-plaintiff, by reason of a breach of a contract to convey a piece of property, with the buildings and improvements thereon erected .or-to he constructed there'on, The complaint alleges that by a contract in writing the defendants agreed, at their own proper cost and expense, to complete the .