
    Walter J. Willard, Sr., et al., Appellants, v James Mercer et al., Respondents.
    Argued January 6, 1983;
    decided February 8, 1983
    
      APPEARANCES OF COUNSEL
    
      Edward J. Grogan for appellants.
    
      Thomas D. Latin for respondents.
   OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

In this case, in which time was not made of the essence in the contract of purchase and sale, the prospective purchasers neither sought to fix a law day for the closing of title nor afforded the sellers a reasonable opportunity to remedy a concededly curable defect of title before repudiating the contract. In this circumstance the buyers were not entitled to a refund of their down payment.

Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons concur.

Order affirmed, with costs, in a memorandum.  