Hoagland v. Heissler

Appeal from an order of the Supreme Court at Special Term, entered April 12, 1977 in Saratoga County, which denied defendant’s motion for summary judgment. This is an action for specific performance of a contract *803for the sale of real property or, alternatively, for damages for breach of a contract for the sale of real property in the sum of $6,000. Plaintiff, as proposed grantor, and defendant and Jeanne S. Heissler, as proposed grantees, entered into said contract which expressly provided that it was contingent upon the grantees’ "assuming the purchase money mortgage * * * to be held by…