Eager v. Berke

This is an action in equity for specific performance of an assignment of a real estate contract. In May, 1954, the defendant Joseph D. Berke entered into a contract of sale with Jesse Hartwick and his wife for purchase of certain premises for $34,000. The contract of sale was subject to purchaser’s ability to secure a firm first mortgage commitment of not less than $20,000 within 30 days. He paid the sellers $1700 as earnest money. On June 23, 1954, in consideration of an additional $500, this contract was amended by deleting the above mortgage provision and substituting an agreement of the…