Aurrichio v. Rinaldi

Plaintiffs move and defendant cross-moves for summary judgment in an action for the return of a down payment in a real estate transaction. The contract was made conditional upon plaintiffs’ obtaining a mortgage commitment and provided that title closing shall be held at the office of the attorney for the lending institution on September 28, 1967. The condition relating to the contemplated mortgage is set forth on the face of the contract as follows: “ This contract is conditioned upon the purchasers obtaining a mortgage commitment in the amount of $13,500 for a period of 20 or 25 years at the…