Luttinger v. Rosen
Connecticut Supreme Court
316 A.2d 757 (1972)
Relevant factsFree
The Luttingers (plaintiffs) contracted to buy the Rosens' (defendants) home contingent on obtaining a mortgage at 8.5 percent or less, with a right to cancel and recover their deposit if diligent efforts failed to secure that rate; their attorney applied at the only bank he knew offering mortgages of that size, but the bank would approve only an 8.75 percent rate, and the Luttingers gave timely cancellation notice, which the Rosens rejected by offering to personally fund the rate difference and refusing to return the deposit.
IssueFree
Whether, if the terms of a condition precedent in a contract have not been met, the contract will be enforced.