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PATTERSON v. MARCHESE

10 A.D.2d 639 (1960)

William Patterson, Respondent, v. Alfonse Marchese, Appellant

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

February 15, 1960

Judgment unanimously affirmed, with costs.

The contract contained the following provisions: "The performance of the terms and conditions to be performed on the part of the purchaser are conditioned upon the purchaser securing a G. I. mortgage in the sum of $12,700.00. If the purchaser shall be unable to receive a mortgage commitment for this amount within a period of six weeks then at his option this contract may be declared...

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