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GREATEX REALTY CO. v. FOODMAKER INC.

56 A.D.2d 775 (1977)

Greatex Realty Company, Appellant, v. Foodmaker Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 15, 1977

No appeal was taken from judgment dismissing the second cause of action. We consider only the first cause. Defendant owned a warehouse, then not in use, which it sought to dispose of; plaintiff evinced interest in purchase on terms stated in a letter of intent setting forth the proposed terms, and covering "a good faith deposit" in the form of a $25,000 check. The advanced moneys were to be returned "without delay" "if for any reason...

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