Stotz v. Cleveland

Appeal (1) from an order of the Supreme Court at Special Term, entered November 24, 1975 in Tompkins County, which granted a motion by defendants for summary judgment dismissing the complaint, and (2) from the judgment entered thereon. The parties hereto executed an agreement, dated August 9, 1974, for the sale of certain real property owned by plaintiffs. This agreement contained a typical proviso that defendants be able to obtain certain mortgage financing which, as pertinent, recited that: "This contingency is to be removed by August 26, 1974, or this offer becomes null and void and…