Falk v. Goodman

Plaintiffs seek the return of payment made on a contract of sale of real property, and accordingly move for summary judgment.

The papers reveal that plaintiffs entered into a contract of sale for the purchase of a home owned by the sellers. The contract provided that the plaintiffs may elect to apply for a conventional mortgage in the sum of $15,125 at the prevailing rate of interest and in the event of inability to obtain such mortgage on or- before June 13, 1958, and on five days ’ written notice to the sellers, all money paid on the contract was to be refunded and returned to the plaintiffs…