Appellate Division of the Supreme Court of the State of New York October 15, 1908 (Rothbard v. Abels, Gold Realty Co.)

Kelly, J.:

I think the failure to carry out the contract was caused by the unreasonable and unlawful act of the defendant on June 17, 1907, in insisting that plaintiff’s rights under the contract were forfeited because of plaintiff’s failure to pay an additional §500 on account of the deposit. On the.day fixed for closing the title originally, May 15, 1907, defendant was not ready.