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ALLEN v. SMITH

124 A.D.2d 916 (1986)

Robert A. Allen et al., Appellants, v. Robert L. Smith, Sr., et al., Respondents

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

November 20, 1986

Yesawich, Jr., J.

On July 2, 1984, the parties entered into a contract for the purchase and sale of real property located in Washington County for $125,000. The agreement contained a mortgage contingency clause which obligated the purchasers, defendants herein, to apply for, and to use their best efforts in doing so, a mortgage loan from two lending institutions; neither the amount of the mortgage nor the terms...

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