The defendants brought a motion for summary judgment, arguing that the plaintiffs' causes of action were statute-barred due to a limitation period and that a mortgage commitment obtained by the plaintiff was unenforceable.
The court found that damages did not accrue until the plaintiffs obtained an unfulfillable mortgage commitment, placing the claim within the limitation period.
The court also rejected the argument that the mortgage commitment was unenforceable, stating that the defendants could not rely on their own default to make such a claim.
The motion for summary judgment was dismissed.
