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SAVAGE v. PARKS

No. 1383, 1384.

100 A.2d 450 (1953)

SAVAGE et al. v. PARKS et al. PARKS et al. v. SAVAGE et al.

Municipal Court of Appeals for the District of Columbia.

Decided November 18, 1953.

Attorney(s) appearing for the Case

Howard J. McGrath, Washington, D. C., for Savages.

George E. C. Hayes, Washington, D. C., for Peters.

Philip W. Thomas, Washington, D. C., for Parks et al.

Before CAYTON, Chief Judge, and HOOD and QUINN, Associate Judges.

CAYTON, Chief Judge.

We are here presented with a three-way controversy growing out of a contract for sale of a house in nearby Maryland. For purpose of clarity and convenience the parties will be referred to as seller, broker and purchaser.

Purchaser posted with broker a deposit of $1,000 at the time of signing the contract. Thereafter, when the title company report disclosed that the property was burdened with a covenant prohibiting sale, lease or occupancy...

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