Lipton v. Cleveland, No. Cv 940141797 (Sep. 23, 1996)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] Memorandum Filed September 23, 1996 This dispute concerns a deposit or downpayment given by a buyer to the owner of commercial real estate, and whether it should be refunded to the buyer upon his alleged inability to satisfy a mortgage contingency clause contained in the contract of sale. The plaintiff, A. Joseph Lipton, contracted to purchase premises owned by David Cleveland, the defendant, located at 15 CT Page 5607 Rockland Road, South Norwalk.

The plaintiff filed a three-count complaint. In the first count, the…