Ordered that the judgment is affirmed, with costs.
The parties entered into a contract for the sale of the subject premises on July 26, 1979. The plaintiff, as buyer, delivered to the defendants, as sellers, a check in the amount of $7,350, representing the down payment, upon the execution of the agreement. The agreement provided that the plaintiff was to obtain a firm mortgage commitment within 30 days of the execution of the agreement. Either party was entitled...
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