HEARRON v. MORGAN

No. 8002.

345 So.2d 575 (1977)

Brison HEARRON v. Kenneth T. MORGAN and Louis C. Morgan, d/b/a Morgan Real Estate Co.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 17, 1977.


Attorney(s) appearing for the Case

Fabacher & Murov, Mark G. Murov, New Orleans, for plaintiff-appellant.

Glenn L. Morgan, New Orleans, for defendants-appellees.

Before GULOTTA, STOULIG and SCHOTT, JJ.


SCHOTT, Judge.

On January 3, 1974, plaintiff inspected an apartment defendants were offering for rent. He then signed an application to rent the apartment and deposited with defendants $50. The application recited that the deposit was not being received as a rental payment but provided: "In the event the application is approved and applicant fails or refuses to enter into the contemplated lease, owner shall retain the said deposit as liquidated damages to cover the...

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