Offner v. Engelen

Motion for summary judgment by the plaintiff. This action is brought to recover a deposit and part payment made towards the purchase of certain real property owned by the defendants and to recover legal and title company expenses incurred in connection with the contemplated purchase and sale of that property.

The facts, so far as they are disclosed in the record, are as follows. By a written instrument, dated August 29, 1950, plaintiff made a deposit of $400 on the purchase of the real property in question subject to the “ Delivery by the seller of a warranty deed, free and clear of…