Cowern v. Norris

The plaintiffs, Richard and Joyce Cowern and Marie York (the sellers), appeal from a decision of the Superior Court (Coffey, J.), finding that the financing contingency clause in a purchase and sale agreement between the parties was not satisfied and that the defendants, Donald and Donna Norris (the buyers), were therefore entitled to the return of their deposit. On appeal, the sellers argue that the financing contingency was satisfied when the buyers received bank approval for a mortgage in the amount stated in the purchase and sale agreement because the agreement did not contain an…