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CHURGIN v. HOBBIE

No. 94-P-1864.

39 Mass. App. Ct. 302 (1995)

KAREN B. CHURGIN vs. WILLIAM V. HOBBIE

Appeals Court of Massachusetts, Essex.

October 6, 1995.

Attorney(s) appearing for the Case

Gregg J. Wilson for the plaintiff.

S. Peter Gorshel for the defendant.

Present: PERRETTA, KASS, & LENK, JJ.

KASS, J.

Under an agreement for the sale of a commercial property, the buyer conditioned his performance on his obtaining a first mortgage loan of $300,000 "on or before 45 days of closing." To have the benefit of the financing condition, the buyer, if he found himself unable to obtain a commitment for a loan in the designated amount, was obliged to notify the seller of that inability by that same cutoff date. The...

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