Mathews v. 8 Mile Post Plumbing Supplies, Inc.

McBRIDE, Judge.

Plaintiffs seek to recover from defendant the sum of $450, which they deposited with defendant in connection with a certain building contract whereunder the defendant agreed to erect a house on a lot of ground owned by plaintiffs for the price of $7,004. In addition to the cash deposit, plaintiffs executed and delivered to defendant their promissory note for $6,554. It is alleged that it was understood that the contract would not become effective unless and until plaintiffs secured a mortgage loan on the property from a reliable homestead association for a sum equal to the…