McKENNA v. ROSEN


239 N.J. Super. 191 (1990)

570 A.2d 1277

JAMES MCKENNA AND ALICE MCKENNA, PLAINTIFFS-RESPONDENTS, v. BARRY ROSEN AND ANN ROSEN, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 7, 1990.


Attorney(s) appearing for the Case

Hooley, Butler, DiFrancesco & Kelly, attorneys for appellants (Gerald C. Kelly, on the brief).

Katherine R. Dupuis, attorney for respondents.

Before Judges PRESSLER, LONG and GRUCCIO.


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

The sole issue on this appeal is whether the issuance of a conditional mortgage commitment constitutes grounds for cancellation of a real estate contract containing a clause requiring the issuance of a firm written commitment for a 30-year conventional mortgage. We hold that it does and affirm.

On April 13, 1988, plaintiffs James and Alice McKenna (purchasers) entered into a contract to purchase a home...

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