Diffenderffer v. Kleiman

Per Curiam. The appellant, Diffenderffer, entered into a contract of sale with the appellee, Kleiman, on November 3, 1961, in which the appellant agreed to sell and the appellee agreed to buy 30 acres of land in Baltimore County. The appellee made a deposit of $5,000. The contract of sale provided that it was to be contingent upon the appellee’s being able to assume an existing mortgage on the property held by a building association.

The appellee made application to the building association to assume the mortgage, but was informed that it would not consent unless his wife would also agree to assume the mortgage debt. The appellee advised the appellant that the building association would not permit him to assume the mortgage and requested the return of the $5,000 deposit. When this was refused, the appellee brought suit and filed a motion for summary judgment with a supporting affidavit, later supplemented by an additional affidavit. The appellant filed an answer resisting the motion, with a supporting affidavit.

After oral argument by counsel, the lower court found that there was no genuine dispute as to any material fact and that the appellee was entitled to judgment as a matter of law. Accordingly, the court entered a summary judgment for the appellee as