MERRITT v. DAVIS

No. 71-1397.

265 So.2d 69 (1972)

Frederick R. MERRITT and Francesca B. Merritt, His Wife, Appellants, v. Richard K. DAVIS, and S. George Albion, an Escrow Agent, Appellees.

District Court of Appeal of Florida, Third District.

August 8, 1972.


Attorney(s) appearing for the Case

Louis Schneiderman, Miami, for appellants.

Hall & Hedrick and Michael D. Sikes, Miami, for appellees.

Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.


HENDRY, Judge.

Plaintiffs-sellers appeal the entry of a summary final judgment in favor of the defendants-purchasers in an action to recover a $5,000 deposit being held in an escrow agent's possession in connection with a written contract for the purchase and sale of real property. We affirm.

The deposit receipt agreement contained the following provisions:

"The terms and condition of sale are: 1. All cash at closing. 2. The buyer...

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