BILLMAN v. HENSEL

No. 3-677A143.

391 N.E.2d 671 (1979)

Joseph A. BILLMAN, Jr. and Diane R. Billman, Defendants-Appellants, v. James F. HENSEL and Carole A. Hensel, Plaintiffs-Appellees.

Court of Appeals of Indiana, Third District.

July 5, 1979.


Attorney(s) appearing for the Case

Howard S. Grimm, Jr., Grimm & Grimm and Jerry L. McIntosh, Fort Wayne, for defendants-appellants.

Jack R. Notestine, Notestine & Trotter, Fort Wayne, for plaintiffs-appellees.


GARRARD, Presiding Judge.

The Hensels, as sellers, entered into a contract to sell their home to the Billmans (the buyers) for $54,000 cash. A condition of the contract was the ability of the buyers to secure a conventional mortgage on the property for not less than $35,000 within thirty (30) days. When the buyers did not complete the purchase, the sellers commenced this suit to secure a thousand dollars ($1,000) earnest money/liquidated damage deposit required by...

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