HALL, Presiding Judge.
In a suit for the return of earnest money, defendant builder appeals from the denial of his motion for summary judgment.
Defendant is relying upon a clause in a contract made in November which provides for the forfeiture of the earnest money in the event of a repudiation or anticipatory breach by the buyer. Assuming without deciding that the buyer did repudiate this contract, there is a genuine issue on several material facts concerning...
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