FOELSCH v. EATON


7 A.D.2d 730 (1958)

Frederick A. Foelsch et al., Appellants, v. Marie P. Eaton, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 1, 1958


Action by the purchasers, husband and wife, to recover a deposit paid on a contract to purchase real property, and for other relief. The contract provided that it was conditioned upon the purchasers obtaining a mortgage for a period not less than 20 years, on or before August 10, 1956, that the purchasers were to make diligent application for such mortgage, that they were to advise the seller within said period as to whether or not such mortgage was obtained, and that "In...

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