PER CURIAM.
The appellant, who was the defendant in the trial court, appeals a summary final judgment forfeiting his deposit upon a contract to purchase a parcel of real property from the appellee. The sole question presented is whether there was a genuine issue of material fact as to the availability of the real property for a use which was made a condition of the contract. The condition was expressed as follows: "Subject to ... assurance that a two story apartment...
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