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SCHULTZ v. TOPAKYAN

193 N.J. Super. 550 (1984)

475 A.2d 91

WAYNE A. SCHULTZ AND KIMBERLY K. SCHULTZ, PLAINTIFFS-APPELLANTS, v. HAROLD TOPAKYAN AND BERNICE TOPAKYAN, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 2, 1984.

Attorney(s) appearing for the Case

Arthur R. Carmano, Jr. argued the cause for appellants.

Andreas A. Boyadjis argued the cause for respondents.

Before Judges KING, DREIER and BILDER.

The opinion of the court was delivered by BILDER, J.S.C. (temporarily assigned).

This is an appeal by prospective purchasers of real property from a summary judgment dismissing their action for specific performance. On June 29, 1983 the parties entered into a contract for the sale of a parcel in Morristown for the sum of $83,500. Included in the contract was a mortgage contingency clause which read as follows:

6. Mortgage Contingency. The Buyer agrees to...

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