Brause v. First National Real Estate Trust

Order, entered October 28, 1965, unanimously reversed, on the law, with $50 costs and disbursements to defendants-appellants, and motion of defendants to dismiss complaint for insufficiency granted, with $10 costs. No action may be predicated upon the defendants’ purchase offers and acts alleged to have induced the Surrogate’s Court to reopen the bidding for the real property and to render an order increasing the price required to he paid by plaintiffs for the same. Since plaintiffs’ contract for the *625purchase of the property, as originally formulated, was expressly conditioned on the approval…