Bennett

Defendant Charles Carlen appeals from a judgment for plaintiff Dorothy Bennett, in an action to recover damages for breach of a contract to convey a leasehold interest in certain real property.

The record discloses that in June of 1959, defendant, as owner, listed the leasehold interest, furniture and fixtures of the Lincoln Hotel for sale with the real estate firm of D ’Orazi Investment Company. Under the lease, defendant was required to obtain the landlord’s consent to any assignment. On August 3, 1959, D’Orazi Investment Company presented defendant with an offer in the form of a deposit receipt and agreement of sale signed by the plaintiff. The document, dated August 3, 1959, provided that the purchase price for the leasehold interest, furniture and fixtures, was to be $25,500, of which sum the plaintiff had already deposited $1,000. A further provision, under the heading “Condition of Sale,” stated that “5 days from the above date are allowed for the Seller’s approval of this agreement and an additional 5 days to gain the Landlord’s acceptance of the Buyer as a lessee.” Upon receipt of the seller’s and landlord’s approvals, plaintiff was to increase her downpayment to $8,000.…