Byrne v. Collins

— In an action to recover a down payment made pursuant to a contract of sale of certain real property, the defendants appeal from an order of the Supreme Court, Orange County (Ritter, J.), dated November 14, 1987, which granted the plaintiffs’ motion for summary judgment and denied their cross motion for summary judgment.

Ordered that the order is affirmed, with costs.

The record establishes that the plaintiffs entered into a contract with the defendants for the sale of the defendants’ home to the plaintiffs. Performance of the contract was expressly conditioned upon (1) the plaintiffs’ ability…