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G. H. SWOPE BUILDING CORPORATION v. HORTON

338 S.W.2d 566 (1960)

G. H. SWOPE BUILDING CORPORATION v. Amos J. HORTON, Jr.

Supreme Court of Tennessee.

September 9, 1960.

Attorney(s) appearing for the Case

Folts, Bishop & Thomas, McClure & Meyer, Chattanooga, for appellant.

Miller, Martin, Hitching & Tipton, Chattanooga, for appellee.

TOMLINSON, Justice.

Horton refused without justification, according to the allegations of the bill, to comply with his accepted offer to purchase certain realty which the complainant owned. That offer, pertinent to this suit, reads as follows:

"To make this offer valid, I herewith deposit with you the sum of $250.00, which sum, if the sale is consummated, shall be credited on the purchase price and constitute a part of the cash payment for said property....

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