FOELSCH v. EATON


12 Misc.2d 844 (1958)

Frederick A. Foelsch et al., Plaintiffs, v. Marie P. Eaton, Defendant.

Supreme Court, Special Term, Nassau County.

March 7, 1958.


Attorney(s) appearing for the Case

Frederick W. Ritter for plaintiffs.

Suozzi & Sordi for defendant.


MARIO PITTONI, J.

The plaintiffs purchasers have brought this action for the return of the $2,580 deposited on account of the purchase price of a certain house and land in Glen Cove, Long Island. The defendant's answer contains not only certain denials but affirmative defenses of failure to make diligent application for the stipulated mortgage and of failure to advise the defendant seller in writing on or before August 10, 1956, whether or not the plaintiffs...

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