WILKINS v. BIRNBAUM


278 A.2d 829 (1971)

W. Lewis WILKINS, Defendant Below, Appellant, v. Simon BIRNBAUM, Plaintiff Below, Appellee, and Tillman B. Cox, Defendant Below, Appellee.

Supreme Court of Delaware.

May 28, 1971.


Attorney(s) appearing for the Case

Clyde M. England, Jr. of Killoran & Van Brunt, Wilmington, for appellant.

Edward J. Sobolewski, Jr., Newark, for Simon Birnbaum.

Joseph M. Kwiatkowski and Edward Z. Sobocinski, Wilmington, for Tillman B. Cox.

WOLCOTT, C. J., CAREY and HERRMANN, JJ., sitting.


WOLCOTT, Chief Justice:

This is an appeal from a judgment of the Court of Chancery refusing, at the suit of the prospective purchaser, specific performance of a contract to purchase land, and directing the return to the purchaser of the deposit made at the time the contract was entered into. The seller of the land appeals only the direction to return the purchaser's deposit.

The facts are that the purchaser, appellee, and the seller, appellant, entered into...

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