MYERS v. SUDO

No. 10410.

377 So.2d 482 (1979)

Stephen M. MYERS v. Michael SUDO.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied December 17, 1979.

Writ Refused February 15, 1980.


Attorney(s) appearing for the Case

Charles F. Barbera, Metairie, for defendant-appellant.

Before LEMMON, GULOTTA and BEER, JJ.


BEER, Judge.

Appellant Sudo, vendor, and Myers, vendee, executed an agreement to purchase real estate. Myers made a deposit of $250. The contract provided:

"In the event the seller fails to comply with this agreement within the time specified or for any other reasons, the purchaser shall have the right either to demand the return of his deposit in full plus an equal amount to be paid as penalty by the seller, or the purchaser may demand specific performance...

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