Zuk v. Irion

This is an action to recover the purchasers’ down payment under a real estate contract, after the purchasers were unable to obtain a mortgage.

The plaintiffs, as purchasers, and defendants, as sellers, entered into a written agreement on July 7, 1956 for the sale of a dwelling house and lot at No. 6 High Street, Hicksville, Nassau County, New York. The price was $16,800 payable as follows: $1,200 on the signing of the contract and the balance of $15,600 in cash or certified check on September 4,1956. There was an existing mortgage on the property but this was to be satisfied at the time of…