BECKER v. JOHNSON

No. 8595.

350 So.2d 1259 (1977)

Mr. & Mrs. Karl W. BECKER et al. v. Mrs. Carol Wilkerson JOHNSON et al.

Court of Appeal of Louisiana, Fourth Circuit.

October 12, 1977.


Attorney(s) appearing for the Case

Charles F. Barbera, Metairie, for plaintiffs-appellees.

Gregory M. Porobil, Pitard, Pitard & Porobil, New Orleans, for defendants-appellants.

Before REDMANN, SCHOTT and BEER, JJ.


REDMANN, Judge.

Defendants appeal from a judgment which declared forfeited their $4,600 deposit on an agreement to purchase a house and which also awarded a real estate agent a commission. We reverse.

The only breach of the buy-sell agreement that plaintiffs' petition alleged was defendants' failure to accept a loan commitment. But that failure was no breach. The loan was not an obligation upon defendants. Their "ability" to obtain the loan was a condition...

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