MARINO v. NOLAN


24 A.D.2d 1005 (1965)

Calogero Marino, Respondent, v. Edward F. Nolan et al., Appellants

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

December 13, 1965


Judgment affirmed, with costs.

On January 12, 1965, plaintiff contracted to sell to defendants certain real property for $70,000, payable $5,000 down, the balance on closing. The contract was subject to the defendants securing a "purchase money mortgage" for $60,000 at not exceeding 5¾% interest for not less than 25 years. Defendants agreed to apply to lending institutions for the mortgage and were to have three weeks from the date of the contract to secure a...

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