DONOVAN v. BACHSTADT


181 N.J. Super. 367 (1981)

437 A.2d 728

EDWARD DONOVAN AND DONNA DONOVAN, FORMERLY KNOWN AS DONNA RELLINGER, PLAINTIFFS-APPELLANTS, v. CARL BACHSTADT, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 5, 1981.


Attorney(s) appearing for the Case

Glenn Berman for appellants.

Zolkin & Smith for respondent (W. Randolph Smith on the brief).

Before Judges BISCHOFF, KING and POLOW.


The opinion of the court was delivered by KING, J.A.D.

The issue here is whether real estate purchasers may recover increased mortgage interest costs as damages from a seller who breached an agreement of sale. The Law Division judge summarily held that any alleged mortgage interest increment was too speculative to be recoverable as damages. The disappointed buyers appeal.

On January 19, 1980 plaintiffs Edward and Donna Donovan entered into a contract with...

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