Cohen v. Kranz
Court of Appeals of New York
189 N.E.2d 473 (1963)
Sarah Cohen (plaintiff) contracted to purchase a home owned by the Kranzes (defendants), putting down $4,000 at the signing of the contract. A closing date of December 15 was established. On November 30, Cohen’s attorney sent a letter to the Kranzes asserting that title to the property was unmarketable because of unspecified faults with the premises. He demanded that the Kranzes pay Cohen or risk legal proceedings. On December 15, Cohen’s attorney demanded return of Cohen’s down payment. The Kranzes refused. Neither party proceeded with the requirements to close. Cohen filed suit against the Kranzes for return of her deposit and the cost of the title search. The Kranzes countersued for breach of contract. They then sold the property at a lower price to a different buyer. Not until the lawsuit was filed were the specific objections to the Kranzes’ title disclosed: the swimming pool lacked a certificate of occupancy, and a fence extended beyond the front property line. The trial court found in favor of Cohen, and the Kranzes appealed. The New York Appellate Division reversed the trial court judgment, and Cohen appealed.
Rule of Law
Holding and Reasoning (Burke, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 159,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,700 briefs, keyed to 186 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.