PAULIS, J.C.C. (temporarily assigned).
This is a motion for summary judgment by plaintiff American Lumber & Building Supply, and a cross-motion for summary judgment by defendant D & M, Inc.
The relevant facts are not in dispute. On October 11, 1961, defendant agreed to sell two lots to N.N.S., Inc. The dispute in this case concerns only the first of these two lots. As part of the consideration, N.N.S., Inc. agreed to deliver a purchase money mortgage...
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