Long v. Holben

Henninger, J.,

Plaintiff on October 11, 1938, visited defendants’ place of business and agreed orally to purchase the same for $12,500, paying $1,000 in cash on account and agreeing to pay $1,000 in cash on October 25, 1938, the date fixed for final settlement, to assume a $6,000 mortgage at that time, and then to execute a $4,500 second mortgage to defendants. On October 17, 1938, plaintiff, through his attorney, notified defendants he would not proceed with the sale and demanded return of his down payment. In an amendment to plaintiff’s statement of claim, it is alleged that the property is…