Rodell v. Gallagher

Appellant, defendant in the trial court, seeks review of an order of the trial court denying her motion for a continuance. The action in the trial court sought recovery of a deposit on the purchase of real property.

*769The appellees entered into a contract to purchase a residence from the appellant for $155,000. To that end they paid a $10,000 deposit. The contract for sale and purchase contained the following clause:

“ * * * purchaser agrees to use his best efforts to secure at his own expense a conventional first mortgage or not less than $120,000 for not more than 10.5% and 3 points and for not…