HINSON v. MILLER

No. 10745.

376 So.2d 523 (1979)

William G. HINSON, Robert F. Hudson, Inc. and Henry W. Kinney, III v. James E. MILLER and Michael Grabish.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied November 19, 1979.

Writ Refused January 18, 1980.


Attorney(s) appearing for the Case

Henry W. Kinney, III, New Orleans, for plaintiffs-appellants.

McGlinchey, Stafford, Mintz & Hoffman, Leopold Z. Sher, New Orleans, for defendants-appellees.

Before REDMANN, LEMMON and BOUTALL, JJ.


LEMMON, Judge.

This suit by the seller of immovable property seeks forfeiture of the buyers' deposit for failure to comply with the agreement to purchase. The trial court rendered a summary judgment dismissing the suit because the seller had failed to tender title, and the seller appealed.

The agreement, dated October 5, 1977, required the act of sale to be passed not later than December 20, 1977 and also contained the following provision:

"In the...

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