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FARRELL v. JANIK

225 N.J. Super. 282 (1988)

542 A.2d 59

GREGORY F. FARRELL & SUSAN G. FARRELL, HIS WIFE, PLAINTIFFS/THIRD PARTY PLAINTIFFS, v. JOSEPH J. JANIK & CAROLYN L. JANIK, HIS WIFE, DEFENDANTS, v. WEICHERT REALTORS, INC., THIRD PARTY DEFENDANT.

Superior Court of New Jersey, Law Division Somerset County.

Decided March 28, 1988.

Attorney(s) appearing for the Case

Vincent T. Bisogno for plaintiff (Bisogno & Loeffler, attorneys).

Francis A. Bock for defendants (Orr & Bock, attorneys).

Martin A. Newmark for third-party defendant (Broderick, Newmark, Grather & Aspero, attorneys).

IMBRIANI, J.S.C.

This case involves a contract for the sale of a residence in which there arose claims of breach of contract against the buyers and negligence against the realtor. The contract was for $415,000 and was:

contingent upon obtaining, by or for the purchaser, a firm written commitment for a conventional mortgage in the amount of $185,000 ... If the mortgage commitment is not obtained by October 2, 1986, this contract shall be null and void.

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