MATTHEWS v. BEARCE


65 A.D.2d 853 (1978)

Rachael M. Matthews et al., Appellants, v. Lawrence A. Bearce et al., Respondents

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

November 9, 1978


Plaintiffs, Rachael Matthews and a corporation of which she was president, entered into a contract with defendants to purchase defendants' farm. The plaintiffs paid $1,000 upon signing of the contract. The agreement called for the additional payment of $1,500 on August 15, 1977 and $42,500 at closing in April, 1978. On September 3, 1977, Rachael Matthews wrote to the defendants that because the sale of property she owned had fallen through, she and the

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