STOTZ v. CLEVELAND


53 A.D.2d 787 (1976)

David J. Stotz et al., Appellants, v. Robert N. Cleveland et al., Respondents

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

June 17, 1976


The parties hereto executed an agreement, dated August 9, 1974, for the sale of certain real property owned by plaintiffs. This agreement contained a typical proviso that defendants be able to obtain certain mortgage financing which, as pertinent, recited that: "This contingency is to be removed by August 26, 1974, or this offer becomes null and void and deposit made shall be returned to the buyer immediately." Application for the specified mortgage was made by defendants...

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