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TRUE v. LAMARCA

252 N.J. Super. 439 (1991)

599 A.2d 1307

JOHN E. TRUE AND ELIZABETH T. TRUE, PLAINTIFFS-APPELLANTS, v. CHARLES LAMARCA AND VIRGINIA LAMARCA, DEFENDANTS-RESPONDENTS, AND MERRILL LYNCH, A CORPORATION, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided December 26, 1991.

Attorney(s) appearing for the Case

Nichols, Thomson, Peek & Meyers, attorneys for appellants (Kenneth S. Meyers, on the brief).

Strauss & Tauriello, attorneys for respondents (Joe E. Strauss, on the brief).

Before Judges GAULKIN, BRODY and LANDAU.

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

Plaintiffs (purchasers) brought this action to recover $10,000, their deposit on the purchase of a single-family residence from defendants Charles and Virginia Lamarca (sellers). The sale was not consummated because by failing to sell their own home purchasers did not have the cash they needed to close and to satisfy a condition in their mortgage commitment. Purchasers had represented in the contract of sale...

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