Opinion
December 3, 1951.
Present — Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ. [See post, p. 792.]
In an action for specific performance of a contract to convey three certain parcels of real property, together with a residence to be built on each parcel, and damages, brought by the respective buyers against the seller, the latter appeals from a judgment directing it to convey the parcels to the respective buyers and to pay them damages, as fixed, occasioned by reason of its failure to construct the buildings. The seller further appeals from an order resettling the judgment and also from the judgment as resettled in that order. Appeal from the original judgment dismissed, without costs. On the appeal from the order and the judgment as resettled, the judgment is modified by reducing the recovery of damages in favor of plaintiff Cowan from the sum of $5,208.74 to the sum of $5,000, and in favor of plaintiff Kay from the sum of $10,417.48 to the sum of $10,000. As so modified, the order and judgment are unanimously affirmed, without costs. The respective contracts did not entitle the buyers to a credit by reason of the seller's success in acquiring title to the parcels at a cost less than $5,000 for each parcel.