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AVEGNO v. BYRD

No. 9780.

367 So.2d 1308 (1979)

Giacomina AVEGNO v. Emory BYRD, Jr.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied March 14, 1979.

Attorney(s) appearing for the Case

Roy L. Price, Metairie, for defendant-appellant.

Guy W. Olano, Jr., Kenner, for defendant-appellee.

Before REDMANN, STOULIG and BEER, JJ.

BEER, Judge.

On July 14, 1975, Giacomina Avegno (vendor) and Emory Byrd, Jr. (vendee) made an agreement to purchase certain real property. Byrd then gave Avegno's agent, Sloan, a deposit in the form of a demand promissory note in the amount of $10,400. The agreement provided that the act of sale was to be passed before September 1, 1975. Prior to the act of sale (scheduled for August 29, 1975), Byrd notified Avegno's agent that he was unable to obtain financing because...

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