Howarth v. Ostergaard

CROCKETT, Justice:

Plaintiffs Howarth purchased a home from the defendants Ostergaard, in Linden. They allege that the defendants wrongfully recorded a mortgage on the property, which prevented the plaintiffs from obtaining a bank loan, and that they thus lost profits anticipated from financing a Christmas tree business. Upon a trial to the court, it made the findings and judgment against the plaintiffs and they appeal.

The Howarths bought the home under a uniform real estate contract in May of 1962. The price was $20,500, $1,500 down, the balance to be paid at $150 per month. The contract…