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SOULES v. COX

No. 34778.

53 Wn.2d 598 (1959)

335 P.2d 476

HOMER SOULES, Appellant, v. ELZIE B. COX et al., Respondents.

The Supreme Court of Washington, Department Two.

February 13, 1959.

Attorney(s) appearing for the Case

Rosling, Williams, Lanza & Kastner, for appellant.

D. Van Fredenberg and J. Dimmitt Smith, for respondents.

FINLEY, J.

This is an action by the plaintiff buyer to recover a sum paid as earnest money on two earnest-money agreements. The two agreements, each dated April 18, 1956, covered adjacent properties and, with the exception of descriptions and amounts, were identical in terms.

Each agreement contained an addendum which provided that the buyer's offer was contingent upon the acceptance of the offer made in the other...

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