Walker v. Lombardo

This appeal 1 arises out of the granting of the plaintiffs’ motion for summary judgment. Judgment was rendered for the plaintiffs in the amount of $3800, the sum paid by the plaintiffs as a down payment on the purchase of realty owned by the defendants.

The issue on appeal, as stated by the parties, is whether the trial court erred in concluding that the plaintiffs were unable to receive a particular mortgage commitment and, as provided in a sales agreement of the parties, were therefore entitled to a return of their deposit. There is, however, a subsidiary and more basic issue. That is…