Zalewski v. Simpson

HOFFMAN, Presiding Judge.

This appeal arises from an award of summary judgment in an action for breach of a contract to purchase real estate.

On February 12, 1980, Timothy Simpson accepted the offer of Zane and Mary Zalew-ski to purchase his real estate pursuant to a written contract. The contract was contingent upon the Zalewskis obtaining a YA first mortgage loan in the amount of $54,-000. Closing was to be within five days after the mortgage proceeds were ready to be paid out, and no later than March 28, 1980. The contract also provided that the purchaser would receive evidence of title,…