SIMS v. USSERY

No. 9048.

355 So.2d 633 (1978)

Mr. W. Clayton SIMS v. Mr. and Mrs. James C. USSERY.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 14, 1978.


Attorney(s) appearing for the Case

Lucius A. Hornsby, Jr., Lafayette, and Ernest Barrow, III, Gretna, for plaintiff-appellant.

Edward F. Wegmann, Fred P. Westenberger and Fiasconaro & Fiasconaro, Joseph A. Fiasconaro, Jr., New Orleans, for defendants-appellees.

Before REDMANN, BOUTALL and BEER, JJ.


BEER, Judge.

Plaintiff-appellant, the prospective seller of residential real estate, appeals from the trial court's dismissal of his claim for forfeiture of the deposit and damages. The purchase agreement contained a stipulation making the sale conditional upon the ability of the prospective purchaser to obtain a loan of $37,850 at 9% for thirty years and became null and void in the event that neither purchaser, seller or agent was able to obtain such financing within...

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