CECHULSKI v. HALIFAX BUILDERS, INC.


254 N.J. Super. 5 (1991)

603 A.2d 41

TOMASZ CECHULSKI, FELIKS CECHULSKI AND JAROSLAW CECHULSKI, PLAINTIFFS-APPELLANTS, v. HALIFAX BUILDERS, INC., THEIR EMPLOYEES, AGENTS, SERVANTS, SUCCESSORS AND ASSIGNS, BRISTOL REALTY GROUP, INC. THEIR AGENTS, SERVANTS, SUCCESSORS AND ASSIGNS, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided December 13, 1991.


Attorney(s) appearing for the Case

Juman & Juman, attorneys for appellants (Stephen F. Juman, of counsel; Thomas V. Grealis, on the brief).

Gasiorowski & McLeod, attorneys for respondents (Robert E. McLeod, of counsel and on the brief).

Before Judges SKILLMAN and D'ANNUNZIO.


PER CURIAM.

Plaintiffs, purchasers under a contract for the sale of a single family residence, commenced this action to recover the balance of their contract deposit retained by defendants, the seller and selling realtor. Defendants counterclaimed alleging in their first count that plaintiffs breached their obligation "to make a good faith effort to secure a mortgage loan in the amount of $150,000.00." The trial court granted summary judgment in favor of defendants...

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