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HARAKA v. DATRY

56926.

148 Ga. App. 642 (1979)

252 S.E.2d 71

HARAKA v. DATRY.

Court of Appeals of Georgia.

Decided January 9, 1979.

Attorney(s) appearing for the Case

Schultz, Ellenberg & Roberts, Richard D. Ellenberg, for appellant.

Brackett, Arnall & Stephens, C. F. Brackett, Jr., for appellee.

McMURRAY, Judge.

On or about June 10, 1977, a licensed real estate broker presented a written contract for the sale of realty to a purchaser for the purchase price of $87,000. This contract recited that the purchaser paid to the undersigned $10,000 by check. The same was then executed by the purchaser, but had not been executed by the seller. This contract recites the following covenant: "Purchaser agrees that if Purchaser fails or refuses to

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