Andrew Buxton wanted to buy a house from Barbara Streany but backed out of the contract when he was unable to get a mortgage.
When Streany refused to return the downpayment, Buxton sued and the Westchester County Supreme Court granted relief in his favor.
On appeal to the Appellate Division, Second Department, Streany argued that Buxton didn't really try to get a mortgage and that the governing provisions, which supposedly allowed Buxton to cancel if a loan wasn't secured, weren't clear.
The AD2 thought the governing language wasn't ambiguous and that Streany's accusations -- as to Buxton's ulterior motives for wanting out of the deal -- couldn't be substantiated and weren't relevant since the guy made a good-faith effort to get the money.
There's no questioning a man's faith?
To view a copy of the Appellate Division's decision, please use this link: Buxton v. Streany