HEATHERLY v. ROSENBERG

No. 10227.

372 So.2d 766 (1979)

Leonard and Geraldine HEATHERLY v. Melvin H. ROSENBERG, Albert C. Cuevas and Farnsworth/Samuel, Ltd.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied July 12, 1979.


Attorney(s) appearing for the Case

Reynolds, Nelson, Theriot & Stahl, Donald E. Theriot, New Orleans, for plaintiffs-appellees.

Morphy, Faulkner, Simpson & Dimaria, Steven K. Faulkner, Jr., Metairie, for Melvin H. Rosenberg and Albert C. Cuevas defendants-appellants.

Before REDMANN, GULOTTA and STOULIG, JJ.


STOULIG, Judge.

Defendants, Melvin H. Rosenberg and Albert C. Cuevas, have appealed a summary judgment decreeing they forfeited a $4,8001 deposit by failing to take title to real property they contracted to purchase.

On October 20, 1977, defendants signed an offer to buy property at 1026 St. Mary Street, New Orleans, for $48,000 conditioned on their being able to borrow $29,400 at 9½% per annum interest. When the agreement...

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