PRESCOTT, C.J., delivered the opinion of the Court.
The only questions involved in this appeal are two questions of fact: did the appellant fail to cooperate with the seller-appellee in his attempt to procure a mortgage, which was necessary to consummate a real estate sale; and (2), could the mortgage have been obtained even though appellant had cooperated?
In February 1964, appellant and appellee, Joh, entered into a contract of sale for a small apartment...
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