FLOOD, J., January 31, 1952.
Plaintiff's intestate contracted to buy from defendants certain premises for $12,400, and made a down payment of $1,000. The agreement was expressly made "contingent upon the purchaser procuring a mortgage loan for $8,400. for 15 years at 5%." The agreement further provided that the contract should be binding upon the heirs, executors, administrators and assigns of the parties thereto. Plaintiff's intestate died shortly after the agreement...
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