Waskewich v. Redding

In an action to recover damages for breach of contract, defendant appeals from a judgment of the Supreme Court, Suffolk County (Tanenbaum, J.), entered July 29, 1982, in favor of plaintiff in the amount of $7,009. Judgment reversed, on the law, with costs, and complaint dismissed. Plaintiff and defendant executed a contract for the sale of plaintiff’s residence on or about February 26, 1980 and defendant gave plaintiff a $1,000 deposit. Paragraph 5 of the “Rider” to the sales contract stated: “5. This contract is conditioned upon the Purchaser obtaining a (Conventional) mortgage or mortgage…