MATHEWS, Justice.
This is an appeal from a declaratory decree. The suit was brought by an escrow holder against two contracting parties. The appellees, Krieger and Garber, agreed to lease certain property located on Collins Avenue in Miami Beach, as lessees, from the appellant, and to deliver to the appellee, Wimbish, a certain check for $5,000. The appellant agreed to apply for a first mortgage loan on the property involved for $40,000, payable in not less than ten...
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