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NORTHEAST CUSTOM HOMES, INC. v. HOWELL

230 N.J. Super. 296 (1988)

553 A.2d 387

NORTHEAST CUSTOM HOMES, INC., PLAINTIFF, v. ALLAN P. HOWELL AND SUSAN HOWELL, DEFENDANT/THIRD PARTY PLAINTIFFS, v. NORTH AMERICAN REISS CORPORATION & WARD HOWELL INTERNATIONAL, INC., THIRD PARTY DEFENDANTS.

Superior Court of New Jersey, Law Division Monmouth County.

Decided July 14, 1988.

Attorney(s) appearing for the Case

Robert Mahoney for plaintiff (Wilentz, Goldman & Spitzer, attorneys).

Howard D. Cohen for defendants, Allan P. Howell & Susan Howell (Gutkin, Miller, Shapiro, Selesner & Shoobe, attorneys).

BASSLER, J.S.C.

This matter comes before the court on a motion and cross-motion for partial summary judgment.1 The seller claims the purchasers' refusal to close constituted a breach of contract entitling it to the deposit. The purchasers seek to recover the deposit because of their inability to close due to revocation of the mortgage commitment by their lending institution.

The...

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