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Tancred v. Beppler

Decided: September 20, 1951.

ANTHONY F. TANCRED AND KATIE W. TANCRED, HIS WIFE, PLAINTIFFS,
v.
WALTER J. BEPPLER AND ELIZABETH BEPPLER, HIS WIFE; ARTHUR J. BLOOMER; HARRY A. GUSS, TRADING AS HARRY A. GUSS COMPANY; WILLIAM M. SCHMIDT AND GEORGE H. SCHMIDT, PARTNERS TRADING AS SCHMIDT BROS. AND JAMES F. KOESTLER, DEFENDANTS



Grimshaw, J.s.c.

Grimshaw

In the summer of 1950 the plaintiffs, being desirous of purchasing a house in Bergen County, sought the aid of the defendant Bloomer, a real estate broker. After several unsuccessful attempts to interest the plaintiffs in various houses, Bloomer suggested that they build a home. Contact was made with the defendant Beppler, a builder. On August 16, 1950, the plaintiffs and Beppler executed a written contract, under the terms of which Beppler agreed that he would, "on or about Nov. 15, 1950 well and sufficiently erect and finish the new Building Located at Ridgewood road in Washington Townshaip, known as Lots 32, 33, 34 Block 4411 and to be purchased from William Kulkens and Anna Kulkens his wife upon the approval of the mortgage commitment from Bergen County Title Abstract Co." The consideration to be paid by the plaintiffs was the sum of $10,000.00, payable as follows:

"Upon signing of this agreement $500.00

Upon Committment approval 1500.00

When Roof is on 1700.00

When studding is enclosed with sheetrock 2700.00

When house is completed 2600.00

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$10000.00"

Plaintiffs paid the deposit of $500 and also an additional $20 which was to cover the expense attendant upon an application for a mortgage. It then developed that the mortgage company would not grant a loan in excess of $7,400, and the parties met again on August 21, at which time a supplement to the original agreement was signed. This supplement, after referring to the original contract, is as follows:

"It is agreed that of the original Price of $10,000.00 there was allowance of $600.00 for a fireplace; it has been agreed by both parties that the said fireplace is not to be built; and the allowance for same will be deducted from the contract Price at the time of closing of Title."

At the same time, plaintiffs were informed that more money would be required for the purchase of the property, and, accordingly, gave to Bloomer, for Beppler, two ...


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