Avirom v. Paramount Land Development Corp.

The appellant, who was the defendant m the trial court, appeals a summary final judgment forfeiting his deposit upon a contract to purchase a parcel of real property from the appellee. The sole question presented is whether there was a genuine issue of material fact as to the availability of the real property for a use which was made a condition of the contract. The condition was expressed as follows: “Subject to . . . assurance that a two story apartment building can be constructed on this land with foundation normal to this area.”

The judgment was based upon affidavits submitted by the…