Growney v. C M H Real Estate Co.

This is an action to recover a downpayment on a contract to purchase real estate. Judgment was entered for the plaintiff-pur chaser. We reverse the judgment of the District Court.

Plaintiff alleges a contemporaneous oral agreement to the effect that the contract was to be void if it were ascertained that the property purchased was not suitable for the construction of a swimming pool; also, that defendants misrepresented the property as being suitable for the construction of a swimming pool.

The record reflects that plaintiff and a Russell E. Clark, Jr., were interested in buying a home with a…