Rogers v. Cardinal Realty, Inc.

The question presented by this case is whether the plaintiffs are entitled to recover deposits made pursuant to a contract for the sale of land which was conditioned upon the availability of adequate financing. Harkaway, J., reserved and transferred the defendants’ exception to his ruling that “[s]ince financing was not available to the plaintiffs during the year 1973, and in any event not within a reasonable time, the plaintiffs were entitled to terminate the purchase and sale agreement and recover their deposit.” See RSA 502-A:17-a (Supp. 1973) (District Courts: Transfers to Supreme Court).

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