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BERG v. SLAFF

No. 1838.

125 A.2d 844 (1956)

Irving BERG, Appellant, v. Samuel SLAFF, Appellee.

Municipal Court of Appeals for the District of Columbia.

Decided October 12, 1956.

Attorney(s) appearing for the Case

Herman Miller, Washington, D. C., for appellant.

Alvin L. Newmyer, Jr., Washington, D. C., for appellee.

Before ROVER, Chief Judge, HOOD, Associate Judge, and CAYTON (Chief Judge, Retired) sitting by designation under Code, § 11-776(b).

HOOD, Associate Judge.

Appellant tenant brought suit to recover from appellee landlord the balance of a deposit given to the landlord to insure the faithful performance of a lease entered into between the parties on March 23, 1949. The amount deposited by the tenant was $900 and the lease provided:

"The Lessee has this day deposited with the Lessor a check for Nine Hundred Dollars ($900.). The proceeds of said check shall be security for the faithful performance...

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