Cohen v. Turnpike Development Corp.

Motion by plaintiffs for summary judgment.

This action is brought to recover the downpayment made on a contract, dated June 10, 1960, for the purchase and sale of a two-family dwelling which was to be erected by the defendant. The pertinent provisions are contained in paragraphs (7), (8A) and (9) of the contract proper and paragraphs 3 and 8 of a rider thereto, all of which read as follows:

“ (7) The Purchasers do hereby agree to make diligent, truthful and proper applications to a lending institution designated by the Seller and without delay to furnish such verifications of bank accounts and…