Neiss v. Franze

OPINION OF THE COURT

Harold J. Hughes, J.

The defendants move for summary judgment dismissing the plaintiffs’ complaint and granting judgment in their favor upon their counterclaim. Plaintiffs have requested that the court grant summary judgment against defendants.

The action is by vendors of real property for specific performance of a contract, and the counterclaim is for return of the vendees’ $1,000 deposit. The contract was executed by the *872defendants on October 17, 1978, and contained a clause stating "This agreement is contingent upon purchaser obtaining approval of a conventional mortgage…