Opinion
May 23, 1949.
Present — Nolan, P.J., Carswell, Johnston, Adel and Sneed, JJ.
In an action to reform a contract for the sale of land and for specific performance thereof as reformed or, in the alternative, for money damages, plaintiff, the contract vendee, appeals from a decision herein, and from a judgment dismissing the complaint on the merits. The contract contained a clause reading in part as follows: "This contract is conditional upon the purchaser receiving a commitment from the F.H.A. 603, for the erection of one family houses for sale or for rent. * * * In the event that a commitment is not obtained, within Four (4) weeks from the date of this instrument, from the F.H.A. then this contract is to be null and void and all sums paid herein are to be returned and all liability to cease." The amended supplemental complaint demanded reformation of said clause by the insertion of the phrase, "at the option of the purchaser" after the word "contract" in the last sentence quoted. Judgment unanimously affirmed, with costs. Appeal from decision dismissed, without costs. In our opinion the proof adduced sustains the conclusion reached by the Special Term that the contract, as drawn, expressed the intention of the parties, and sustains the construction of the contract as requiring that a commitment be obtained from the F.H.A. as a condition precedent, which was for the benefit of both parties.