Patterson v. Marchese

— In an action by a vendee named in a contract for the purchase and sale of real property to recover $1,670 paid on the signing of the contract, and for other relief, the appeal is from a judgment, entered after trial, in favor of respondent for $1,975.98, representing the payment made by respondent with *640interest and costs. Judgment unanimously affirmed, with costs. The contract contained the following provisions: “The performance of the terms and conditions to be performed on the part of the purchaser are conditioned upon the purchaser securing a G. I. mortgage in the sum of $12,700.00. If…