HUNTINGTON MINING HOLDINGS, INC. v. COTTONTAIL PLAZA, INC.


79 A.D.2d 647 (1980)

Huntington Mining Holdings, Inc., Formerly Known as Huntington Mining & Realty World, Ltd., and Also Formerly Known as World Mining and Investment, Ltd., Appellant, v. Cottontail Plaza, Inc., Respondent

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

December 15, 1980


Order reversed, with $50 costs and disbursements, and motion denied.

The contract between the parties for the sale of land provided that the agreement be subject to and conditioned upon the purchaser obtaining a first mortgage loan in the amount of $3,300,000 from the Chase Manhattan Bank. We find that this clause did not preclude an all cash payment; the mortgage commitment was a condition to the contract, not a promise. While the original date set for closing was...

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