FRIEDMAN v. CHOPRA


220 N.J. Super. 546 (1987)

533 A.2d 48

ELLIOT FRIEDMAN AND SABINA FRIEDMAN, PLAINTIFFS-APPELLANTS, v. RAJINDAR PAUL CHOPRA AND AZORA CHOPRA, DEFENDANTS-THIRD PARTY PLAINTIFFS-RESPONDENTS, v. BRUCE F. DONALDSON, INDIVIDUALLY AND T/A THE DONALDSON AGENCY, THIRD PARTY DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided October 14, 1987.


Attorney(s) appearing for the Case

Peter B. Bass argued the cause for appellants (Stout, O'Hagan & Bass, attorneys; Peter B. Bass, on the brief).

John J. Coyle, Jr., argued the cause for respondents.

Before Judges FURMAN, BRODY and LONG.


The opinion of the court was delivered by BRODY, J.A.D.

The issue in this appeal is whether the contract purchasers of real property satisfied the mortgage contingency clause in the contract when they obtained a mortgage commitment in an amount less than the amount stated in the clause. We hold that where, as here, the contingency may be waived by the purchasers, a mortgage in any amount that satisfies the purchasers also satisfies the contingency clause.

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