Legal Opinion

Johnson v. Werner

Appellate Division of the Supreme Court of the State of New York

Decided July 18, 1978PublishedCited by 9 opinions

1Opinion of the Court

OPINION OF THE COURT

Sullivan, J.

This is an appeal from the grant of summary judgment to the purchasers who sue to recover the deposit made on a contract for the purchase of realty. On the signing of the contract, the purchasers tendered a deposit of $3,700 against a purchase price of $37,000. The contract was made expressly subject to the following condition: "This contract is conditional upon the purchasers’ ability to obtain a mortgage commitment from any lending institution in the amount of $29,600. for 25 years at prevailing interest rates. The purchasers agree to immediately apply for…

2Cases cited16 opinions

  1. Van Valkenburgh, Nooger & Neville, Inc. v. Hayden Publishing Co.New York Court of Appeals · 1972
  2. Lawrence v. . MillerNew York Court of Appeals · 1881
  3. Grad v. RobertsNew York Court of Appeals · 1964
  4. Keystone Hardware Corp. v. TagueNew York Court of Appeals · 1927
  5. Evelyn Building Corp. v. City of New YorkNew York Court of Appeals · 1931

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3Cited by9 opinions

  1. Java Enterprises, Inc. v. Loeb, Block & Partners LLPAppellate Division of the Supreme Court of the State of New York · 2008
  2. Boyd v. HaritidisAppellate Division of the Supreme Court of the State of New York · 1997
  3. Cutler v. KonoverAppellate Division of the Supreme Court of the State of New York · 1981
  4. Maxton Builders, Inc. v. Lo GalboAppellate Division of the Supreme Court of the State of New York · 1985
  5. Altman v. Poughkeepsie Savings BankAppellate Division of the Supreme Court of the State of New York · 1979

4 more not listed; retrieve them via the Exa API.

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