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HOAGLAND v. HEISSLER

59 A.D.2d 802 (1977)

Gail R. Hoagland, Respondent, v. Albert P. Heissler, Appellant

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

October 20, 1977

This is an action for specific performance of a contract for the sale of real property or, alternatively, for damages for breach of a contract for the sale of real property in the sum of $6,000. Plaintiff, as proposed grantor, and defendant and Jeanne S. Heissler, as proposed grantees, entered into said contract which expressly provided that it was contingent upon the grantees' "assuming the purchase money mortgage * * * to be held...

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