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IN RE ALEXANDER

No. 81-4034.

670 F.2d 885 (1982)

In re Dorothy Thelma ALEXANDER, Debtor. Ronald R. BENEVIDES and Karole L. Benevides, Plaintiffs-Appellees, v. Dorothy Thelma ALEXANDER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 4, 1982.

Attorney(s) appearing for the Case

John T. Hansen, San Francisco, Cal., for defendant-appellant.

John A. Colistra, San Jose, Cal., for plaintiffs-appellees.

Before FARRIS, FERGUSON and NELSON, Circuit Judges.

FERGUSON, Circuit Judge:

Defendant Alexander entered into a deposit receipt sales contract to sell her house to plaintiffs, the Benevides, for the sum of $73,000 under certain conditions to be met in 60 days. Plaintiffs deposited $1,000 in escrow, the balance being payable in 60 days.

On the date for closing, plaintiffs deposited additional funds necessary to close, and had a loan commitment from Bank of America for the balance. Thus, plaintiffs tendered full...

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