Appellate Division of the Supreme Court of the State of New York November 24, 1925 (Cohn v. Smarr)

Manning, J.:

The action was brought to recover the sum of $1,000, paid by the plaintiff to the defendant (as a binder) upon the purchase price of certain real estate situate at Far Rockaway, L. I., on August 4, 1925. At the time the payment was made the plaintiff received from the defendant the following receipt, Exhibit A, attached to the complaint:

“ Far Rockaway, N. Y., Aug. 4, 1925.