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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