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SPUCHES v. ROYAL VIEW, INC.

13 A.D.2d 815 (1961)

Concetto Spuches et al., Appellants, v. Royal View, Inc., Respondent

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

May 22, 1961

Judgment reversed on the law and the facts, with costs to plaintiff, and new trial ordered.

A provision in the contract of September 20, 1958, for the benefit of the purchasers, rendered the contract void if the purchasers were not approved for a mortgage. The defendant undertook to get a commitment from a specific bank. Despite the outstanding contract and its unquestioned validity, the defendant deliberately made another deal with a different

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