Gellman v. Spina

Judgment of the County Court of Queens county unanimously affirmed, with costs. The agreement of October 23, 1919, signed by the defendant, on which plaintiff then made a $50 deposit, created a complete obligation, binding upon both the vendor and vendee, which is properly enforced by a judgment for specific performance. (Miller v. Tuck, 95 App. Div. 134; Tobias v. Lynch, 192 id. 54.) Present — Jenks, P. J., Rich, Putnam, Blackmar and Kelly, JJ.