Brown v. Shorewood Homes, Inc.

Ahthohy M, Lxvoti, J.

Motion for summary judgment in an action for the recovery of a downpayment on a contract for the sale of real estate. There are two causes of action alleged in the complaint. Rescission of the contract is demanded on the ground of mistake in the description of the property in the first cause, and in the second cause a recovery of the $3,000 downpayment is sought on the ground that the plaintiffs were *955unable to obtain a mortgage from the lending institution to which, at the request of the defendant, an application was made.

It is only necessary to consider the second cause.…