Opinion
May 7, 1943.
Appeal from Supreme Court.
In 1938, said appellant Pirman and the respondents Kurtz and Wynroth entered into a contract in writing whereby said appellant agreed to sell to said respondents certain real property in Warren County to be used as a children's camp for the sum of $30,000 and to enlarge the same in accordance with directions of the respondents for the additional sum of $27,250. The respondents made a down payment of $500 and agreed to pay $2,000 on April 1, 1938. The contract was not consummated. Pirman commenced an action against the respondents Kurtz and Wynroth in Warren County for the specific performance of the contract (action No. 1), and said defendants commenced action No. 2 in Kings County for breach of contract. These actions were consolidated. After trial before the court without a jury, the court dismissed Pirman's complaint and also dismissed the complaint in action No. 2 as against Ruth D. Pirman, but directed that these respondents recover from plaintiff Ernest J. Pirman the down payment of $500. Said plaintiff Pirman has appealed from that part of the judgment only which directs him to pay respondents the $500. On the argument of this appeal he has stated to the court that he does not question the findings of fact made by the trial court and that only a question of law is involved. The trial court found that respondents breached their contract. Plaintiff Pirman desires to raise only questions of law. He should not be required to print the entire record on appeal, but only those portions which he has proposed to print. Orders of the court made on April 6, 1942, and June 3, 1942, reversed on the law and facts, with ten dollars costs and disbursements to appellant, and the court directs the settlement of the record on appeal as proposed by appellant. All concur.