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DAVY v. CRAWFORD

No. 8800.

147 F.2d 574 (1945)

DAVY et al. v. CRAWFORD et al.

United States Court of Appeals District of Columbia.

Decided February 19, 1945.

Attorney(s) appearing for the Case

Mr. Raymond F. Garrity, of New York City, with whom Messrs. Walter R. Schoenberg and Elmer E. Cummins, both of Washington, D. C., were on the brief, for appellants.

Mr. Milton Conn, of Washington, D. C., with whom Mr. George J. Boden, of Washington, D. C., was on the brief, for appellees.

Before GRONER, Chief Justice, and MILLER and ARNOLD, Associate Justices.

ARNOLD, Associate Justice.

This is an appeal from a decree that the plaintiffs below recover $640 deposited under the terms of a combination lease and installment contract to purchase a home. Defendants had retaken possession of the property for failure to make the stipulated monthly payments and claimed the right to retain the deposit either as liquidated damages or as compensation for entering into the contract. The court held that the provisions in the contract...

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