Milton Kutzin and Ruth Kutzin, Husband and Wife, Plaintiffs-Appellants v. Duncan Pirnie and Gertrude Pirnie…

Summary

The Supreme Court held that the real‑estate purchase contract was enforceable because the attorney‑review provision was not satisfied, and that the sellers may retain only that portion of the $36,000 deposit that equals their actual damages, returning the excess to the buyers. The Court affirmed the trial court’s compensatory‑damage award and reversed the Appellate Division’s order allowing the sellers to keep the entire deposit.