George W. Riggs, Respondents v. James Pursell, Michael G. Grosz, Appellants

Summary

The New York Court of Appeals held that an order issued on a motion is not a final adjudication and may be renewed with new facts; it found that the Kearney‑Macomb agreement restrictions were a material defect in title, that a resale under different terms was not a proper measure of damages, and consequently affirmed the order restraining collection of the deficiency while reversing the order requiring the purchasers to complete the purchase.